scholarly journals State Aid for the Coal Sector in the European Union: Pre- and post-crisis perspective / Državna pomoč za premogovni sektor v Evropski uniji – pred- in pokrizna perspektiva

2015 ◽  
Vol 61 (5) ◽  
pp. 3-11 ◽  
Author(s):  
Piotr Podsiadło
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
European Community ◽  
Mining Industry ◽  
Coal Industry ◽  
State Aid ◽  
Legal Regulations ◽  
The European Union ◽  
Council Decision ◽  
Council Regulation

Abstract This article presents the evolution of the conditions of state aid admissibility to the coal industry, starting with legal regulations within the European Coal and Steel Community, the European Community, and now the European Union. The thesis was formulated that, in connection with the expiry on 31 December 2010 of Council regulation No. 1407/2002, on the basis of which the European Commission allowed aid for the national mining industry in different member states in the period before the onset of the financial and economic crisis, the immediate cause of introduction of the next regulation for mining state aid in the form of Council Decision 2010/787/EU on state aid to facilitate the closure of uncompetitive coal mines was the increasing intensity of the aid for the mining industry in recent years.

The European Union Global Human Rights Sanctions Regime (EUGHRSR)

2021 ◽  
Vol 60 (2) ◽  
pp. 298-318
Author(s):  
Tom Ruys
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Human Rights Abuses ◽  
Council Decision ◽  
Council Regulation ◽  
The U.S ◽  
Country Specific ◽  
Individual Human

On December 7, 2020, the Council of the European Union adopted two legal instruments, Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998, which together make up the new EU Global Human Rights Sanctions Regime (EUGHRSR). Similar to the U.S. “Global Magnitsky Act,” and in contrast with the EU's existing country-specific sanctions regimes, the EUGHRSR seeks to address human rights abuses worldwide, by providing for the imposition of travel bans as well as financial sanctions on individual human rights offenders—state and non-state alike. The list of designated (natural and legal) persons will be reviewed on a periodic basis.

scholarly journals State Aid in The European Union in the Period of the Economic Crisis

2014 ◽  
Vol 17 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Joanna Działo
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Market Competition ◽  
State Aid ◽  
Real Economy ◽  
The European Union ◽  
The Public ◽  
Potential Impact ◽  
Business Entities ◽  
The Eu

The global economic crisis has brought about the need for States’ involvement to rescue many business entities from bankruptcy, initially in the financial sector, and at a later stage of the crisis in the real economy. In the countries of the European Union, these measures take the form of state aid, which is specifically regulated as it bestows benefits on its beneficiaries and therefore violates the rules of market competition. Thus, the provision of state aid is controversial, since it potentially adversely affects the competition policy pursued in the EU. This paper aims to analyse and evaluate the volume of state aid granted in the EU countries during the economic crisis and its potential impact on the health of the economy and the public finance sector.

scholarly journals European Union – Anti-Dumping Measures on Biodiesel from Argentina (EU–Biodiesel), DS473

2017 ◽  
Vol 16 (3) ◽  
pp. 545-548 ◽  
Author(s):  
Rodd Izadnia
Keyword(s):  
European Union ◽  
European Community ◽  
The European Union ◽  
Two Measures ◽  
Council Regulation ◽  
The Eu

This dispute concerned two measures of the European Union (EU): (i) the anti-dumping measure imposed by the EU on imports of biodiesel originating in Argentina; and (ii) the second subparagraph of Article 2(5) of Council Regulation (EC) No. 1225/2009 on protection against dumped imports from countries not members of the European Community (Basic Regulation). Argentina challenged various aspects of the anti-dumping measure on an ‘as applied’ basis, and challenged the second subparagraph of Article 2(5) of the Basic Regulation on an ‘as such’ basis.

scholarly journals EUROPEAN UNION REGULATION OF STATE AIDS AND PROFESSIONAL FOOTBALL (PART 1)

2020 ◽  
pp. 72-82
Author(s):  
Ramón Terol Gómez
Keyword(s):  
European Union ◽  
Professional Sports ◽  
Internal Market ◽  
State Aid ◽  
Professional Football ◽  
The European Union ◽  
European Union Law ◽  
Commission Regulation ◽  
Council Regulation ◽  
State Aids

1. Introducción: la problemática compatibilidad de la financiación pública del deporte (fútbol) profesional con el régimen de ayudas de Estado de la Unión Europea. 2. Referencia a las previsiones del Derecho de la Unión Europea sobre ayudas de Estado. 2.1. La regulación de los artículos 107 a 109 TFUE. 2.2. La referencia al deporte del Reglamento (UE) 2015/1588, del Consejo, de 13 de julio de 2015, sobre la aplicación de los artículos 107 y 108 del TFUE a determinadas categorías de ayudas estatales horizontales. 2.3. La financiación de infraestructuras deportivas en el Reglamento (UE) № 651/2014, de la Comisin, de 17 de junio de 2014, por el que se declaran determinadas categorías de ayudas compatibles con el mercado interior en aplicación de los artículos 107 y 108 TFUE.  1. Introduction: the problematic compatibility of public financing of professional sports (football) withthe State aid scheme of the European Union. 2. Reference to the provisions of European Union Law on State aid. 2.1. The regulation of articles 107 to 109 TFEU (Treaty on the Functioning of the European Union). 2.2. The reference to the sport of Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 TFEU to certain categories of horizontal state aid. 2.3. The financing of sports infrastructures in Commission Regulation (EU) № 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 TFEU.

DRŽAVNA POMOĆ ZA ISTRAŽIVANjE I RAZVOJ I INOVACIJE KOJA SE MORA PRIJAVITI

2021 ◽  
pp. 397-409
Author(s):  
Stefan Šokinjov ◽  
Keyword(s):  
European Union ◽  
State Intervention ◽  
Internal Market ◽  
State Aid ◽  
Common Interest ◽  
The European Union ◽  
Negative Effects ◽  
Member States ◽  
Incentive Effect ◽  
Council Regulation

According to Council Regulation (EU) 2015/1588 of 13 th July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid the Commission may declare state aid for research&development and innovation compatible with the internal market and are not subject to the notification requirement of Article 108(3) TFEU. Authorized by mentioned Regulation, Commission adopted Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty and stipulated conditions under which state aid for research&development and innovation is exempted from the notification requirement. It does not mean that state aid which does not fulfill prescribed conditions is forbidden. State aid which does not fulfill envisaged conditions can be considered compatible with the internal market if after notification to the Commission it assessing it separately establishes that it satisfies each of the following criteria: contribution to a well-defined objective of common interest; need for State intervention; appropriateness of the aid measure; incentive effect; proportionality of the aid (aid limited to the minimum); avoidance of undue negative effects on competition and trade between Member States and transparency of aid

II. External Competence Implications of the Ec Regulation on Jurisdiction and Judgments

2003 ◽  
Vol 52 (2) ◽  
pp. 529-534 ◽  
Author(s):  
Koji Takahashi
Keyword(s):  
European Union ◽  
European Community ◽  
Individual Member ◽  
Brussels Convention ◽  
The European Union ◽  
Member States ◽  
Recognition And Enforcement ◽  
Council Regulation

Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of Judgments in Civil Commercial Matters1 replaced the 1968 Brussels Convention on 1 March 2002 for Member States of the European union Except Denmark.2 This has given the European Community exclusive competence in matters relating to jurisdiction and the recognition and enforcement of judgments. As a result individual Member States can no longer freely ratify conventions which, in relation to specific matters, govern jurisdiction or the recognition or enforcement of judgments.3 This is reflected in the deletion of ‘or will be’ from the text of Article 71(1) of the Regulation,4 a phrase which previously found in the equivalent provision in the Brussels Convention.5

THE COMMUNITARIZATION OF DIVORCE RULES: WHAT IMPACT FOR ENGLISH AND SCOTTISH LAW?

2004 ◽  
Vol 53 (3) ◽  
pp. 605-642 ◽  
Author(s):  
Peter Mceleavy
Keyword(s):  
European Union ◽  
International Law ◽  
Detailed Analysis ◽  
European Community ◽  
Family Law ◽  
Private International Law ◽  
The European Union ◽  
Directorate General ◽  
Council Regulation ◽  
Free Movement Of Persons

Family law may not be an area one immediately associates with the European Community but in recent years it has rapidly emerged as an important element of the ever-expanding portfolio of the Justice and Home Affairs Directorate General.1 Facilitating the circulation of family law orders through the harmonization of private international law rules is viewed in Community circles as essential if the free movement of persons is to be guaranteed within the European Union.2 The merits of this policy and the manner in which the transformation of the Brussels II Convention3 into a Council Regulation4 was used to acquire wider competence in respect of family law matters have both previously been considered.5 In the present paper such policy considerations are left aside to allow for a detailed analysis of those rules which deal with divorce and their effect on English and Scottish law.

scholarly journals State aid and competitiveness of the hard coal mining industry in the European Union

Equilibrium ◽  
2015 ◽  
Vol 10 (1) ◽  
pp. 69
Author(s):  
Izabela Jonek-Kowalska
Keyword(s):  
European Union ◽  
Coal Mining ◽  
Large Scale ◽  
Mining Industry ◽  
State Aid ◽  
Hard Coal ◽  
The European Union ◽  
Coal Mining Industry ◽  
Hard Coal Mining ◽  
The Eu

The hard coal mining industry in the European Union (EU) is in decline, mostly due to a lack of price competitiveness. It is maintained, to a great extent, by state aid; the key objective of the industry’s existence is to provide energy security and guarantee employment in the mining regions. In Poland, the hard coal mining industry is currently undergoing a serious crisis that threatens the two largest mining enterprises with bankruptcy. In addition, due to the European Union’s restrictions concerning the circumstances of granting state aid, these enterprises cannot count on the financial support for the repair restructuring that they used on a large scale until 2011. Therefore, in this article, the main objective is to determine the influence of state aid on the competitiveness of the hard coal mining industry in 12 countries of the EU, including Poland in specific.  In order to achieve the stated objective, the article is divided into three parts. The first part consists of a literature review, and legal regulations that are related to state aid for the hard coal mining industry in the EU are presented. The second part identifies the amount of state aid for the mining industry in the examined countries. Next, the economic effects of state aid for hard coal mining in the European Union are examined. The third assesses the financial results of 24 Polish hard coal mines.

scholarly journals An analysis of sales of coal products with reference to environmental regulations of the European Union

2019 ◽  
Vol 108 ◽  
pp. 01034
Author(s):  
Anna Manowska ◽  
Aurelia Rybak
Keyword(s):  
European Union ◽  
Environmental Regulations ◽  
Mining Industry ◽  
Production Capacity ◽  
Essential Element ◽  
Coal Industry ◽  
Hard Coal ◽  
The European Union ◽  
Dynamic Adjustment ◽  
The Impact

Hard-coal mines deliver coal with crucially diversified quality parameters to the energy market, thus demonstrating the considerable production capacity of the coal industry, which endeavours to adapt to the high quality demands of the market. An essential element influencing the situation of the Polish coal sector is its regulatory environment. European directives transposed to the domestic legislative system are mainly aimed at decarbonisation, which will result in a significant reduction of the economic role of the qualitatively worst coals. The impact of these regulations on the functioning energy and fuel sectors poses a challenge for both the mining industry and energy companies. Once Poland joined the European Union, the issue of mechanical processing, which influences the quality of market coal, became a major issue due to effective European coal quality requirements. The present article presents an analysis of the potential for selling hard coal in reference to environmental regulations of the European Union. This analysis enabled the development of a theoretical model for forecasting demand on the domestic market. A proper forecast of demand enables flexible and dynamic adjustment of levels of production or inventory to changes taking place in the market.

Preventive Debt Restructuring and the Nigerian Draft Insolvency Legislation: Lessons from a Comparative Perspective

2020 ◽  
Vol 28 (1) ◽  
pp. 66-84
Author(s):  
Sanford U. Mba
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Final Analysis ◽  
The European Union ◽  
Debt Restructuring ◽  
The Us ◽  
Financially Distressed ◽  
Bankruptcy Code ◽  
Second Chance

Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.

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