European State Aid Law and Policy

Preface vii
Table of Cases xiii
Table of EU Legislation lxxxiii

Part I: STATE AID AND ARTICLE 107 TFEU

1. The Notion of State Aid in EU Law 3
1.1 State aid in European Union Law 3
1.2 Economic advantage granted by the State 12
1.3 Aid must be imputable to the State 27
1.4 Aid must be financed through State resources 34
1.5 State regulation as State aid 46

2. State Aid within Article 107(1) TFEU 53
2.1 Criteria for State aid within Article 107(1) TFEU 53
2.2 Undertakings as recipients of aid 54
2.3 Selective advantage favouring certain undertakings 63
2.4 Distortion of competition 76
2.5 Effect on trade between Member States 82
2.6 De minimis aid 91

3. Taxation and State Aid 97
3.1 Taxation and State aid 97
3.2 Selectivity by derogation from normal taxation 109
3.3 Taxation and regional autonomy 127
3.4 Special taxes and parafiscal levies 136
3.5 Harmful tax competition 149

4. Market Transactions and State Aid 153
4.1 Market transactions and State aid 153
4.2 Payment for goods and services 168
4.3 Investments on market terms 171
4.4 Sale of public assets 181
4.5 State guarantees 186

5. Compatibility of State Aid with the Internal Market 193
5.1 Compatibility of State aid with the internal market 193
5.2 Aid which is compatible with the internal market 196
5.3 Aid which may be compatible with the internal market 203
5.4 Aid which the Council determines to be compatible 217
5.5 State aid, competition policy and the internal market 218

6. Services of General Economic Interest 231
6.1 Payment for services of general economic interest 231
6.2 Compatibility of State aid under Article 106(2) TFEU 245

Part II: EUROPEAN STATE AID POLICY

7. Structure of EU State Aid Policy 255
7.1 State aid in the European Union 255
7.2 Structure of EU State aid policy 260
7.3 Principles of EU State aid policy 270

8. Regional Aid 280
8.1 Commission policy of regional aid 280
8.2 Designation of assisted areas 287
8.3 Block exemption for regional investment aid 289
8.4 Compatibility criteria in the regional aid guidelines 294
8.5 Notified regional investment aid schemes 299
8.6 Notified individual regional investment aid 303
8.7 Regional aid for large investment projects 307
8.8 Regional operating aid schemes 312
8.9 Regional urban development aid 315

9. State Aid for Small and Medium-sized Enterprises 318
9.1 Commission policy on State aid for SMEs 318
9.2 SME investment aid 322
9.3 Aid for direct foreign investment 323
9.4 SME aid for ancillary purposes 324
9.5 Aid for risk finance investments in SMEs 326

10. Training and Employment Aid 339
10.1 Commission policy on training and employment aid 339
10.2 Training aid 342
10.3 Employment aid 346
10.4 Aid for employment of disadvantaged and disabled workers 349

11. State Aid for Research and Development and Innovation 354
11.1 Commission policy on aid R&D&I 354
11.2 Compatibility criteria under the R&D&I framework 358
11.3 Aid for R&D&I projects 365
11.4 Aid for other categories of R&D&I activities 367

12. State Aid for Environmental Protection 371
12.1 Commission policy on State aid for environmental protection 371
12.2 Compatibility criteria in the EEAG Guidelines 376
12.3 Categories of aid for environmental protection 383

13. Rescue and Restructuring Aid 403
13.1 Commission policy on rescue and restructuring aid 403
13.2 Compatibility criteria in the R&R guidelines 409
13.3 Rescue aid 412
13.4 Restructuring aid 414
13.5 Rescue and restructuring aid schemes for SMEs 424

14. Sectoral Aid 428
14.1 Sectoral aid 428
14.2 Agriculture, forestry and fisheries 429
14.3 Broadcasting, media and communications 434
14.4 Coal and steel 442
14.5 Energy 445
14.6 Security 449
14.7 Shipbuilding 451
14.8 Sport 452
14.9 Transport 454

15. State Aid and the Financial Crisis 463
15.1 State aid and the financial crisis 463
15.2 State guarantees for financial institutions 470
15.3 Recapitalisation of financial institutions 475
15.4 Impaired assets relief 482
15.5 Restructuring of financial institutions 486

Part III: SUPERVISION AND ENFORCEMENT

16. Assessment of State Aid by the European Commission 493
16.1 Supervisory control of State aid 493
16.2 New and existing aid 501
16.3 Notification of new aid 513
16.4 Preliminary assessment of new aid 521
16.5 Review of existing aid 536
16.6 Preliminary assessment of unlawful aid and misuse of aid 540
16.7 Formal investigation procedure 552
16.8 Ex post controls 574

17. Recovery of Unlawful Aid 577
17.1 Recovery of unlawful or misused aid 577
17.2 Decisions ordering recovery of unlawful aid 589
17.3 Infringement proceedings against Member States 603

18. Enforcement in National Court Proceedings 618
18.1 State aid in national court proceedings 618
18.2 Direct effect of EU State aid law 631
18.3 Challenges to validity of EU State aid decisions 637
18.4 Recovery of unlawful aid 642
18.5 Actions for restitution and damages 651

Part IV: JUDICIAL REVIEW OF EU STATE AID DECISIONS

19. Judicial Review of EU Decisions: Admissibility 661
19.1 Actions for annulment of EU decisions 661
19.2 Reviewable acts 668
19.3 Reviewable decisions on State aid 675
19.4 Review of failure to act 685
19.5 Applicant’s interest in judicial review proceedings 688
19.6 Direct and individual concern 699
19.7 Limitation periods for commencing proceedings 728

20. Judicial Review of EU Decisions: Substance 732
20.1 Grounds of review 732
20.2 Review of the Commission’s assessment 737
20.3 Statement of reasons 744
20.4 Consequences of annulment 762
20.5 Interim relief 767

Index 785