University of Vienna (Vienna)

Julia Zöchling

University of Vienna (Vienna)
University Assistant

Julia Zöchling studied law at the University of Vienna. During her studies she completed an Erasmus semester in Lyon and participated in the Straniak Academy for Democracy and Human Rights in Montenegro. She also gained first experiences in legal practice at a bank, as an intern at a renowned law firm in Vienna and at an IT company in the field of data protection. She also held workshops on European and data protection law for the Legal Literacy Project Vienna. After obtaining her law degree, she worked in the Research and Documentation Directorate at the CJEU for just over a year, first as a trainee and then as a temporary agent. Since July 2020, Julia Zöchling has been working as a University Assistant (prae doc) at the Department of European, International and Comparative Law. Her research focuses on EU competition law.

Linked authors

University of Vienna (Vienna)
University of Vienna (Vienna)
University of Vienna (Vienna)
University of Vienna (Vienna)
University of Vienna (Vienna)

Articles

852 Bulletin

Julia Zöchling The Austrian Supreme Administrative Court makes the entry into force of a national law introducing a State aid scheme contingent on approval by the EU Commission (Dilly’s Wellnesshotel)

53

Background & Facts of the case As a preliminary to the discussion of the case, it is useful to highlight the historical development of the material scope of the law at issue in the proceedings before the public courts, the Energieabgabenvergütungsgesetz (Law on the rebate of energy taxes; (...)

Julia Zöchling The Austrian Federal Administrative Court dismisses the claim by a telecoms operator that reforming the rights to use of radio frequencies, but excluding pre-existing rights from this reform, constitutes illegal State aid because there is no demonstrable negative effect on the State flowing from the reform

60

Background & Facts of the case In order to enable a more efficient use of the Austrian mobile communications network, the Telekom-Control Commission (“the authority”) ordered, by decision of 28 July 2014, a so-called “refarming” of rights of use for radio frequencies in the 900 and 1800 MHz (...)

Julia Zöchling The Austrian Higher Regional Court of Vienna remands a State aid case to back the lower court after ruling that where a recipient of a State-backed loan does not meet the criteria for that loan the aid may be illegal and the State may legitimately renege on its contractual obligations (Alpine)

41

Background & Facts of the case In order to mitigate the effects of the financial and economic crisis of 2008, the Austrian legislator adopted the so-called Unternehmensliquidationsstärkungsgesetz (Law on strengthening the liquidity of companies, hereafter the “ULSG“). It authorised the (...)

Julia Zöchling The Austrian Supreme Court finds that the protective scope of standstill obligations does not include the prevention of damages incurred by a competitor who has been unlawfully passed over in a public tender (Bank Burgenland III)

100

Background & Facts of the case One of the most prominent lines of recent Austrian State aid case law is probably the one pertaining to Bank Burgenland (“BB”), which, until its privatisation, was a regional bank taking the form of a company limited by shares under Austrian law with its (...)

Julia Zöchling The Austrian Supreme Court holds that the statutory limitation period under Art. 15 Procedural Regulation 659/1999 commences when the aid in question is in fact granted

26

Background & Facts of the case In 2002, the plaintiff wanted to establish a technology centre that should provide office space to innovative companies on the territory of the defendant municipality. The aim of this technology centre was to provide innovative companies with office space and (...)

Julia Zöchling The Supreme Administrative Court of Austria holds that the benefit of a provision which is contrary to the freedom of establishment because it favours nationals can be extended to foreigners since it does not constitute state aid (IFN-Holding AG)

31

Background & Facts of the case The main proceedings concerned the corporation tax levied on CEE Holding GmbH and its successor in title, IFN-Holding AG, for the years 2006 to 2010. In those years, the two companies were members of a tax group within the meaning of § 9 of the (...)

Julia Zöchling The Supreme Court of Austria holds that a contract concluded on non-market terms and thus in breach of state aid law is not necessarily void but can be saved by the beneficiary paying the difference to the market place (Bank Burgenland II)

100

Background & Facts of the case One of the most prominent lines of recent Austrian State aid case law is probably the one pertaining to Bank Burgenland (“BB”), which, until its privatisation, was a regional bank taking the form of a company limited by shares under Austrian law with its (...)

Julia Zöchling The Austrian Regional Court of Klagenfurt rules that defendants must pay local authority liability commissions for loan guarantees because the fact that the operative law does not expressly provide for liability commissions does not preclude the State from charging them

41

Background & Facts of the case In 1990, the Province of Carinthia enacted the Kärntner Landesholding-Gesetz (Law on the regional holding company of Carinthia, hereafter “K-LHG”), that provided for a transfer of all the assets of the regional mortgage bank, that had existed since 1894, into a (...)

Julia Zöchling The Supreme of Austria holds that general infrastructure measures potentially increasing the attractiveness of a shopping centre for its customers do not constitute state aid in its operator’s favour

101

Background & Facts of the case The first defendant runs a shopping centre (called “Murpark”) on the outskirts of the city of Graz. At the beginning of 2006, when Murpark was still in construction, the first defendant sold a property near the future shopping centre to the second defendant, a (...)

Julia Zöchling The Supreme Administrative Court of Austria holds that standstill obligation does not prevent the granting of aid in respect of a period prior to the Commission’s retroactive approval of the underlying aid scheme (Wienstrom)

45

Background & Facts of the case Pursuant to § 13(1) of the Green Electricity Act, operators of existing and modernised CHP (combined heat and power) plants were compensated by the competent authority for the costs required to maintain operation in an amount to be determined annually by the (...)

Julia Zöchling The Austrian Supreme Administrative Court, following an Article 267 reference, rules that tax rebates cannot be granted to an expanded class of beneficiaries solely because a State initially breached its standstill obligation

62

Background & Facts of the case In 1996, the Energieabgabenvergütungsgesetz (Law on the rebate of energy taxes; the “EAVG”) was enacted. It provided that companies whose focus is on the production of goods could obtain a rebate on the energy taxes they paid. Companies that mainly offered (...)

Julia Zöchling The Austrian Supreme Administrative Court rules that a hypothecated tax to provide marketing for quality and organic labels would not constitute unlawful State aid because the tax revenue was to be used for purposes that were sufficiently broad so as to not invoke the standstill obligation

52

Background & Facts of the case The judgment concerned an appeal by a producer of agricultural products against the imposition by AMA (Agrarmarkt Austria, a legal person under public law) of agricultural marketing contributions. The applicant argued that its contribution financed unnotified (...)

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