Legitimate Expectations in State Aid and the CFI

2010 ◽  
Vol 9 (2) ◽  
pp. 9
Author(s):  
W. Weiß ◽  
M. Haberkamm
Keyword(s):  
State Aid ◽  
Legitimate Expectations

scholarly journals Recovering Unlawful Advantages in the Context of EU State Aid Tax Ruling Investigations

2017 ◽  
Vol 1 (1) ◽  
pp. 15-48
Author(s):  
Pieter Van Cleynenbreugel
Keyword(s):  
European Commission ◽  
State Aid ◽  
Eu Law ◽  
Legal Certainty ◽  
Member States ◽  
Legitimate Expectations

The European Commission has recently begun focus increasingly on the compatibility of Member States’ tax ruling procedures with EU State aid law. In that respect, it has ordered the recovery of unlawfully granted advantages through those procedures. This article examines to what extent the application of EU law principles of legitimate expectations and legal certainty are to take stock in State aid recovery proceedings of this particular legal certainty-enhancing and legitimate expectations creating tax ruling context. It additionally questions whether recovery in this particular context should be tailored to the specific national ruling framework having resulted in the advantage granted in violation of Article 107 TFEU.

scholarly journals State Aid Law as a passepartout: Shouldn’t We Stop Taking the Effect on Trade for Granted?

2020 ◽  
Vol 4 (1) ◽  
pp. 9-18
Author(s):  
Bernardo Cortese
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
State Aid ◽  
Excessive Amount ◽  
Present Contribution ◽  
Member States ◽  
Legitimate Expectations ◽  
Eu Commission ◽  
The Eu

The present contribution addresses the excessive amount of discretion left to the EU Commission (and Courts) in defining the enforcement priorities in the field of EU State aid Law, by singling out one element of the (inherently vague) the notion of State aid, namely the effect on trade between member States. The approach taken by the Commission’s practice and the ECJ case law in this field ends up building a rather unpredictable legal framework. This risks unreasonably undermining both member States’ legislative choices in fields not necessarily falling under an EU competence, and undertakings’ legitimate expectations.

Modernization of Antimonopoly Policy in Russia (Economic Analysis of Proposed Changes in the Competition Law)

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Financial Markets ◽  
Financial Services ◽  
Competition Law ◽  
Commodity Markets ◽  
State Aid ◽  
Executive Power ◽  
Rule Of Reason ◽  
Per Se

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.

Italian Football between Conflict and State Aid

2004 ◽  
Vol 19 (1) ◽  
Author(s):  
Nicola Porro ◽  
Pippo Russo
Keyword(s):  
State Aid
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