Towards a New Definition of a State Aid under European Law: Is there a New Concept of State Aid Emerging?

2003 ◽  
Vol 2 (3) ◽  
pp. 9 ◽  
Author(s):  
L. Hancher
Keyword(s):  
State Aid ◽  
European Law ◽  
Definition Of

TAX PLANNING AND STATE AID UNDER THE EUROPEAN LAW

2021 ◽  
Vol 66 (05) ◽  
pp. 228-232
Author(s):  
Aygun Gunduz Guliyeva ◽  
Keyword(s):  
Key Words ◽  
Rule Of Law ◽  
Tax Avoidance ◽  
Tax Planning ◽  
State Aid ◽  
European Court Of Justice ◽  
European Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

There is a strong link between funding criteria from government sources and the advantage and selectivity associated with classifying an event as government assistance. However, the selectivity criterion is very important when considering whether there is a banned state aid. Finally, the European Court of Justice no longer applies the rule of law and exclusion to selectivity. Instead, the selectivity review consists of two parts: whether a precaution is selective and whether preference is necessary and proportionate. Key words: EU, tax, tax avoidance, state aid, tax planning, competition

scholarly journals Controversies Concerning the Interpretation of State Resources as a Prerequisite of State Aid: an Illustration Using the Example of Polish Green Certificates and the Auction System

2017 ◽  
Vol 7 ◽  
pp. 269-282
Author(s):  
Michał Bałdowski
Keyword(s):  
Renewable Energy Sources ◽  
State Aid ◽  
Energy Sources ◽  
The European Union ◽  
Member States ◽  
Broad Definition ◽  
Negative Results ◽  
Court Of Justice ◽  
Green Certificates ◽  
Definition Of

The process of Europeanisation in the legal field results in various conflicts between the Member States and European authorities. Cases concerning State aid are an example of such a conflict, where on one hand Member States want to preserve control over various supporting schemes and on the other the European Commission and the Court of Justice of the European Union through a set of judgements and decisions increase their supervisory power over the supporting schemes. The European jurisprudence tend to stretch the scope of State aid by expanding the definition of State resources, which is one of its prerequisites. Applying of such a broad definition of State resources to Polish green certificates scheme and the auction scheme shows negative results of this approach that not only decreases the efficiency of the Renewable Energy Sources supporting schemes but that has a negative reflection on the whole State aid system.

18. Waste management

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Waste Management ◽  
Waste Disposal ◽  
European Law ◽  
Final Disposal ◽  
Waste Production ◽  
Wide Range ◽  
Legal Control ◽  
Producer Responsibility ◽  
Definition Of ◽  
Environmental Permitting

This chapter deals with the legal control of waste. Waste management law is a good example of mixed regulation, because a wide range of mechanisms is used to address not only the problems of pollution caused by waste disposal, but also positive mechanisms, such as producer responsibility, which attempt to address the causes of waste production. The chapter concentrates on the regulation of the waste chain, from initial production to final disposal. This includes coverage of the difficult question of the definition of ‘waste’ and a brief explanation of the application of the environmental permitting system that now covers waste management. In general, the chapter looks at national law, although the important contribution of European law and the purposive approach to regulation is also considered.

The Icesave Dispute in the Aftermath of the Icelandic Financial Crisis: Revisiting the Principles of State Liability, Prohibition of State Aid and Non-discrimination in European Law

2011 ◽  
Vol 2 (3) ◽  
pp. 356-372 ◽  
Author(s):  
Maria Elvira Méndez-Pinedo
Keyword(s):  
Financial Crisis ◽  
The Netherlands ◽  
State Aid ◽  
European Law ◽  
Cross Border ◽  
Border Dispute ◽  
State Liability ◽  
The Uk ◽  
Bank Collapse ◽  
The Eu

This study focuses on the Icesave dispute and Icesave agreements between Iceland, the UK and The Netherlands in the light of European law (EU and EEA law) and explores two main issues: 1) the State liability for breaches of EU/EEA law on the basis of Directive 94/19/EC following a systemic bank collapse in Iceland; and 2) the principle of non-discriminatory interplay between the nationalisation of Icelandic banks (State aid) and the payment of the minimum guarantee of €20.887 to depositors of Icesave accounts in the branches of Landsbanki in the UK and The Netherlands. This dispute was handled through diplomatic negotiations. The author is highly critical of the methodology followed. This cross-border dispute brought to light new complex problems in a grey area of European law which should have been brought before the highest European courts. Icesave also seems to have turned Icelanders against the process of European integration and the EU.

scholarly journals The Critical Promise of the New History of European Law

2012 ◽  
Vol 21 (3) ◽  
pp. 457-475 ◽  
Author(s):  
PETER L. LINDSETH
Keyword(s):  
Legal History ◽  
Western Europe ◽  
European Law ◽  
Special Issue ◽  
History Of ◽  
Administrative Governance ◽  
Post War ◽  
Definition Of ◽  
Object Of Study ◽  
Legal Integration

AbstractThe articles in this special issue test a range of historiographical assumptions – for example, about periodisation (most importantly when legal integration ‘began’) as well as about the definition of the purported object of study (the seemingly ‘constitutional’ character of the process of European legal integration) – which have been central to the interpretative baseline established by legal scholars and political scientists over the last several decades. Building on a similar critique of that baseline, this article argues that integration can profitably be understood, in legal-historical terms, as a denationalised expression of diffuse and fragmented (that is, ‘administrative’) governance. The basic elements of that governance emerged in Western Europe over the course of the inter-war and post-war decades, and these elements have continued to shape EU legal history up to the present.

scholarly journals DIGITAL MARKETING REGULATIONS

2019 ◽  
Vol 13 (1) ◽  
pp. 25-30
Author(s):  
RAMONA-MIHAELA URZICEANU ◽  
VALENTINA-SIMONA PAŞCALĂU
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Digital Marketing ◽  
Incident Response ◽  
European Law ◽  
Data Breach ◽  
General Data Protection Regulation ◽  
General Data ◽  
Definition Of

The General Data Protection Regulation (GDPR) is a European law which grants rights regarding an individual’s personal data. Having been adopted in April 2016, its enforcement became effective as of 25th May 2018.This article aims to highlight who should do this, what exactly they should do and how to do it. Learn about the scope of GDPR in digital marketing, the definition of a personal data breach, the rights of data subjects, incident response under GDPR and more.

scholarly journals The Social Dimension of EU State Aid Law and Policy

2019 ◽  
Vol 21 ◽  
pp. 75-100
Author(s):  
Delia FERRI ◽  
Juan Jorge PIERNAS LÓPEZ
Keyword(s):  
State Aid ◽  
Social Goals ◽  
The Other ◽  
Social Dimension ◽  
Free Competition ◽  
Law And Policy ◽  
The Social ◽  
The One ◽  
Definition Of ◽  
State Aid Control

AbstractTraditionally, EU state aid law has been attached to the goals of maintaining free competition and preventing the distortionary effects of Member States’ economic intervention, while social considerations have been considered immaterial to state aid control. However, in more recent years, EU state aid law has acquired a clearer ‘social dimension’, indirectly streamlining national subsidies towards social goals. The entry into force of the Treaty of Lisbon, and particularly of Articles 3(3) TEU and 9 TFEU, has had an impact on the way in which social goals have been taken into account in the application of the state aid provisions. In the last decade, the European Commission has sought out a more appropriate balance between the main objective of preserving competition in the internal market on the one hand, and social objectives, also enshrined nowadays in the Treaties, on the other. This ‘social dimension’ is still underdeveloped, but emerges to varying degrees when looking respectively at the definition of state aid under Article 107(1) TFEU, at the scope of the derogations under Articles 107(2) and 107(3) TFEU and at the secondary legislation adopted for their implementation.

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