Thomas Jaeger

Max Planck Institute for Innovation and Competition (Munich)
Researcher

Born in 1977; studied law, philosophy and political science at the Universities of Vienna and Paris V (1995-2000; Mag. iur.); internship at the Office of the United Nations High Commissioner for Human Rights (1999-2000); attorney training with Schramm & Öhler Rechtsanwälte in Vienna (2001); post-graduate studies of European law at the Katholieke Universiteit Leuven (2001-2002; LL.M); internship at the Boards of Appeal of the Office for Harmonization in the Internal Market in Alicante (2002-2003); Research Assistant in the faculty of Labor, Commercial, and European law of the University of Salzburg (2003-2007); awarded Dr. iur. from the University of Salzburg (2006); since March 2007 researcher at the Max Planck Institute for Intellectual Property, Munich. Permanent editorialships: European State Aid Law Quarterly, since 2009; Austrian yearbook on state aid law ("Jahrbuch Beihilferecht"), since 2007. Prizes and honors: Walter-Haslinger prize for economic law (2007); Walther-Kastner prize for banking and corporate law (2007); Honorary Fellow of the Association of Fellows and Legal Scholars of the Center for International Legal Studies (2007); Wolfgang-Gassner prize of the International Fiscal Association, (2006).

Linked author

PETER THYRI Competition Counseling Research (Vienna)

Articles

12335 Bulletin

Peter Thyri, Thomas Jaeger The Austrian Supreme Court of Austria suspends, until judgment of the CFI, proceedings under the Austrian Unfair Competition Act on the question whether the sale of a bank constituted State Aid and thus violated the Act (SLAV)

3433

Factual background The privatisation of Bank Burgenland (“BB”) was a condition for the approval of a restructuring aid for Bank Burgenland by the Commission in 2004. In March 2006, following a third and finally successful public tender, Land Burgenland finally sold Bank Burgenland to GRAWE for (...)

Peter Thyri, Thomas Jaeger The Austrian Constitutional Court rules that the beneficiaries of unlawful aid cannot rely on a legitimat of expectations to resist the recovery (ÖkostromG)

2919

Factual Background The judgment concerns a review of the constitutionality of the Austrian Ökostromgesetz of 2002 (ÖkostromG) in an appeal over reimbursement of additional cost for CHP electricity production provided for in that law. Reimbursement is subject to a number of criteria under the (...)

Peter Thyri, Thomas Jaeger The Austrian Supreme Court rules that a system of official inserts in a newspaper does not violate the Austrian Act Against Unfair Competition since it constitutes existing State aid and thus is not subject to the prohibition of implementation (Die Presse)

1754

Factual Background “Die Presse” is a privately held Austrian daily newspaper. “Wiener Zeitung” (WZ), a private company owned by the Austrian Government, is a daily newspaper with an official insert used by the Austrian Government to publish formal announcements such as newly passed laws, civil (...)

Peter Thyri, Thomas Jaeger The Austrian Administrative Court refuses to open up the circle of State aid recipients to suppress the selective character of the measure and assumes a total blockage effect of the standstill obligation for past periods (Austrian Energy reimbursments)

2587

Factual Background The EAVG (in the applicable version) provided for a reimbursement of taxes levied on the consumption of electricity on two conditions: 1) Eligibility only of undertakings in the goods manufacturing sector; and 2) electricity consumption above a minimum threshold. From 1997 (...)

Peter Thyri, Thomas Jaeger An Austrian administrative court rejects the argument that unlawful State aid in the Austrian system of parafiscal agro-marketing charges can affect the collection of the charge (AMA marketing fees)

1642

Factual Background All judgments concern appeals against decisions of the administrative authority Agrarmarkt Austria (AMA) responsible for assessing and collecting parafiscal charges levied on the production of certain agricultural products under the provisions of the Bundesgesetz über die (...)

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