Observations on the Financial Crisis in Ireland and the Use of the State Aid Rules by the EU Commission

2013 ◽  
Vol 12 (2) ◽  
pp. 260-289 ◽  
Author(s):  
F. Murphy
Keyword(s):  
Financial Crisis ◽  
State Aid ◽  
The State ◽  
Eu Commission ◽  
The Eu

scholarly journals Catch 22: The Privatization of Danish TV 2 vs. EU Rules of State Aid

2006 ◽  
Vol 22 (40) ◽  
pp. 9
Author(s):  
Frands Mortensen
Keyword(s):  
Historical Development ◽  
Equity Capital ◽  
State Aid ◽  
The State ◽  
The Public ◽  
Sales Process ◽  
Public Broadcaster ◽  
The Will ◽  
Catch 22 ◽  
The Eu

Since 2001, the Danish government has wanted to privatize the public broadcaster TV 2; however, the sales process has been halted. Ap- parently the EU rules on competition block for the will of the majority in the Danish parliament. The presentation explains this paradox by de- scribing the historical development of two processes: the attempt to the privatize TV 2 and the state aid cases against TV 2, which were opened by the Commission and now pending at the Court of First In- stance. The conclusion finds no inconsistency between the govern- ment's wish and the rules on State aid, but TV 2 has unlawfully trans- ferred funding for programming to equity capital, and the Commissi- ons has misinterpreted the conditions for using Article 86(2) in the Treaty in the evaluation of the recapitalization of TV 2. These two processes now obstruct each other.

Value and Structure of Public Aid in Poland Against the European Union Background During the Years 2007-2012

2014 ◽  
Vol 9 (1) ◽  
pp. 17-29
Author(s):  
Roman Kisiel ◽  
Małgorzata Kamińska ◽  
Wiesława Lizińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
State Aid ◽  
The State ◽  
The European Union ◽  
The Public ◽  
Public Aid ◽  
Increasing Trends ◽  
The Eu

Evaluation of changes in the value and structure of public aid in Poland and EU during the years 2007-2012 was the objective of the paper. The data from reports by the Office of Competition and Consumer Protection as well as data from the State Aid Scoreboard published by the European Commission based on the information provided by the Member States concerning that aid was used. In Poland, evident increasing trends of the horizontal aid value can be observed. In 2012, as compared to 2007, it increased by 0.5 billion euro to the level of 1.64 billion euro. Its share in the total value of support oscillates within 55-60% range. In the European Union that share is generally at the level of 70-74%. In Poland, the sectoral aid is limited gradually although its magnitude still differs from the Union standards. In 2012, the share of that aid was relatively small at ca. 14% while in the EU it was 12.9%. The regional aid is at the similar level both in Poland and in the EU oscillating around 20%. However, in 2012, the share of regional aid in Poland increased to the level of 26% and it was higher by 8 pp than the share of that aid in the EU. Significant differences are characteristic for the share of the aid in the GDP. During the period covered by the study the largest differences occurred in 2010 when the share of support in Poland was 1.7% of the GDP and in the EU 0.6% of the GDP. In 2012, a half of the public aid in Poland was allocated to large enterprises. 

21. State intervention: public undertakings and state aid

2019 ◽  
pp. 495-530
Author(s):  
Sandra Marco Colino
Keyword(s):  
Competition Law ◽  
State Intervention ◽  
State Aid ◽  
The State ◽  
Basic Principles ◽  
Member States ◽  
Eu Membership ◽  
Degree Of Control ◽  
The Moment ◽  
The Eu

Competition law in the EU also exerts some degree of control over the actions of the Member States when they intervene in the market in ways which could harm the competitive process. The Member States commit to complying with these and other obligations the moment they agree to be bound by the acquis unionaire, which is a prerequisite for EU membership. There are two main provisions in this regard: Articles 106 and 107 TFEU. This chapter covers the basic principles underlying the application of Articles 106 and 107 TFEU, and explores the interplay between the general prohibitions they contain and their multiple exceptions. Article 106 ensures that undertakings owned, established, or regulated by the State are not protected or advantaged vis-à-vis private competitors, while Article 107 TFEU contains a general prohibition of state aid.

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 Compatibility of the State Aid Recovery Order with the General Principles of EU Law

2017 ◽  
Vol 5 (1) ◽  
pp. 73
Author(s):  
Marek Rzotkiewicz
Keyword(s):  
Member State ◽  
General Principle ◽  
Case Law ◽  
State Aid ◽  
The State ◽  
Current Paper ◽  
Eu Law ◽  
Eu Legislation ◽  
Court Of Justice ◽  
The Eu

According to the Article 16.1 of Regulation 2015/1589 the Commission shall not require recovery of the aid if this would be contrary to a general principle of EU law. The potential existence of such a contradiction can be then of un utmost significance to a Member State and aid beneficiaries. However, notwithstanding its significance, the notion of a general principle of EU law has not been defined in the EU legislation, has been derived from the case law of the Court of Justice. The current paper strives to analyze different sorts of general principles of the EU law and their impact on the recovery obligation, especially as such an obligation differs between particular principles. Some of those principles have no significance at all on the existence of the recovery order, while others can, and sometimes even should, bar the Commission from ordering a Member State to recover an aid.

Der Technologietransfer der deutschen Hochschulen im Binnenmarkt der Europäischen Union

2019 ◽  
Author(s):  
Stefan Haase
Keyword(s):  
Technology Transfer ◽  
Property Rights ◽  
Market Economy ◽  
State Aid ◽  
Practical Relevance ◽  
Industrial Property ◽  
Research Organisation ◽  
Patent Evaluation ◽  
Eu Commission ◽  
The Eu

This study is the first to explain in detail how universities should exploit industrial property rights in order to be able to exclude the granting of aid as stipulated by Art. 107 (1) of the TFEU. After the author has concluded that the objectives of Art. 179 (1) of the TFEU need to be taken into account in the application and interpretation of the prohibition of state aid, he discusses the ‘criterion of economically exploitable research organisation’ derived from the ‘market economy investor principle’, which is recognised by the courts of the EU in terms of economically acknowledged patent evaluation and negotiation methods. Finally, the author critically discusses the legality and applicability of the R&D&I framework of the EU Commission, which is valid until 2020 and will then probably have to be amended. Due to the author’s work in the field of technology transfer, this study is of particular practical relevance.

scholarly journals Akkumulation reloaded

2015 ◽  
Vol 45 (179) ◽  
Author(s):  
Maria Kader ◽  
Uli Schwarzer
Keyword(s):  
Monetary Policy ◽  
Financial Crisis ◽  
Low Income ◽  
Economic Activity ◽  
Central Banks ◽  
The State ◽  
Real Economy ◽  
The Real ◽  
Economic Stimulus ◽  
The Eu

Since the beginning of the financial crisis central banks are flooding the markets with money. Despite the wide use of unconventional monetary measures economic activity has not improved, esp. in the EU and signs of a worldwide recession are lurking. While the economic stimulus by monetary policy has been flawed by counteracting tendencies in the real economy (low profitability, private indebtedness) the measures taken had negative distributive consequences and might lead to an increase in inequality. Together with austerity measures by the state and its role as an insurance provider for capital anti-crisis policies have strengthened the position of wealthy income classes at the expense of low income classes.

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