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European Community Law of State Aid

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US$434.50
ISBN::
9780199543014
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Product Description

  • Comprehensive and accessible analysis of the legal aspects of state aids in the EC, encompassing substantive changes taking place under the EC's State Aids Action Plan
  • Coverage of practical issues such as procedures for notification to the Commission, the various outcomes of the Commission's investigation, and judicial remedies in the European Courts
  • Sets out the role of national courts in enforcement, and the application of various types of aid (including regional aids, horizontal aids and aids to specific sectors) to industry sectors
  • Written by a team of barristers and solicitors who are recognized experts in the field

This is a comprehensive work for practitioners on the Law of State Aids in the European Community, and is accessible to practitioners who do not specialize in competition law, as well as being a reference book for competition lawyers. The book discusses the substantive changes taking place under the EC's State Aid Action Plan, including the Regional Aid Guidelines, the creation of a General Block Exemption (consolidating the previous Block Exemptions for Training, SMEs and Employment, as well as extending to R&D, the Environment and Regional aspects) and the adoption of a Decision and Guidelines on the Services of General Economic Interest. Other innovations concern new Guidelines for R&D and Innovation, as well as the environment, Communications on interest rates, short term credit insurance and risk capital, modifications to the transparency directive and a new Framework on State aid to Shipbuilding.

It covers the background and development of EC State Aid law, and the concept of State Aid, as well as more practical issues such as procedures for notification to the Commission and the various outcomes of the Commission's investigation, and judicial remedies in the European Courts. It also sets out the role of national courts in the enforcement of State Aid rules, and the actual application of various types of aid, including regional aids, horizontal aids and aids to specific industry sectors.

Author

Kelyn Bacon is a barrister at Brick Court Chambers, where she has been a tenant since summer 1999. She practices primarily in the field of competition law, and has been instructed in many of the leading UK cases on state aids in the last 6 years (CGNU v Commrs of Customs & Excise, R v Commrs of Inland Revenue, ex p. Professional Contractors' Group Ltd, R v SS for Trade and Industry, ex p. One 2 One and BT3G and R (British Aggregates Association) v HM Treasury). She is currently instructed in Case T-289/03 BUPA v Commission, an application for annulment of a Commission state aid clearance decision, which turns primarily on the criteria for clearance of aid for the performance of public service (SGEI) obligations. In addition to her professional work, Kelyn has lectured widely in the field of competition law and state aids, including 3 years co-teaching the London LLM course in US and EC antitrust law, lectures to the Solicitors' European Group and the Government Legal Service, and seminars in London, Budapest and Zagreb to a variety of audiences including students, government lawyers and solicitors. She has been writing in the field of state aids since 1997 when she wrote her LLM thesis at the EUI on the subject of Yearbook of European Law, and since then she has written 3 further articles on state aids, including a chapter in The Law of State Aid in the European Union, eds Biondi, Eeckhout and Flynn (2004).

Contributors:

Contributors:
Kelyn Bacon, Barrister, Brick Court Chambers
Rachel Bickler, Nabarro Nathanson
Michael Cardwell, School of Law, University of Leeds
Lesley Davey, Reed Smith Richards Butler LLP
James Flynn QC, Brick Court Chambers
Katherine Holmes, Reed Smith Richards Butler LLP
Marjorie Holmes, Reed Smith Richards Butler LLP
Fred Houwen, Reed Smith Richards Butler LLP
Damir Kaufman, Ministry of Finance, Republic of Croatia
Cyrus Mehta, Partner, Nabarro Nathanson
Alison Oldale, LECG Ltd
Ilan Sherr, Nabarro Nathanson
Richard Waite, Reed Smith Richards Butler LLP
Noel Watson-Doig, CMS Cameron McKenna LLP
Fiona Wishlade, European Policies Reseach Centre, University of Strathclyde

Review

"It is particularly clear in exposing the complementary and separate roles of the ECJ and national jurisdictions in the application and enforcement of State aid rules" --Pierre-Emmanuel Dupont, European Business Law Review

Table of Contents

PART I: GENERAL RULES
1. Introduction to State aid law and policy, Alison Oldale
2. Concept of state aid, Kelyn Bacon
3. Compatibility of aid: general principles, Kelyn Bacon
4. International agreements, Damir Kaufman
PART II: SPECIFIC TYPES OF AID
5. Environmental aid, Rachel Bickler
6. Employment and training aid, Ilan Sherr
7. Rescue and restructuring aid, Cyrus Mehta
8. Research and development aid, Rachel Bickler
9. Risk-capital, Cyrus Mehta
10. Small and medium-sized enterprises, Ilan Sherr
11. Agriculture and fisheries, Michael Cardwell
12. Transport, Lesley Davey and Richard Waite
13. Media and communications, Katherine Holmes and Fred Houwen
14. Energy, coal and steel, Noel Watson-Doig
15. Regional aid, Fiona Wishlade
PART III: ENFORCEMENT AND REMEDIES
16. Supervision by the Commission, Kelyn Bacon
17. Judicial remedies in the European Courts, Kelyn Bacon
18. National Court Proceedings, Kelyn Bacon and James Flynn QC

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