L’application du droit des aides d’État aux mesures de protection de l’environnement

Olivier Peiffert

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The environmental protection policies of the Member States of the European Union generally give rise to State aid. They are subject to the rules of the Union’s founding Treaties, which prohibit state aid in principle and provide for its control. The application of these rules gives rise to an autonomous legal framework which makes environmental protection policies subject to respect for free competition.

The scope of this legal framework depends on the qualification of environmental protection measures under the legal category of State aid. This is done mainly by means of objective elements, admittedly imperfect, but revealing that only the so-called "economic" instruments of environmental protection are subject to aid control. The precise determination of the scope of the category of aid is, however, jeopardised by the periodic intervention of subjective elements enabling institutions to make choices at the qualification stage.

The scope of this legal framework has to be assessed in relation to the Union’s environmental legislation. In theory, the latter could be the source of a harmonisation of competition conditions in the internal market. However, in practice, its practical content triggers the application of State aid law, creating complex and sometimes conflicting relationships between these two layers of rules, while the Commission’s extensive exercise of its power to define the legal regime for State aid produces a quasi-harmonisation of the environmental field.

This book presents in an analytical way this phenomenon of the application of State aid law by considering it as an autonomous process of regulation of national environmental protection policies by the European Union.

It is aimed at academics, practitioners in the fields of competition law, environmental law and tax law, as well as judges.

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Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Stéphane Rodrigues, L’application du droit des aides d’État aux mesures de protection de l’environnement, September 2015, Concurrences N° 3-2015, Art. N° 74856, p. 246

Publisher Bruylant

Date 1 June 2015

Number of pages 600

ISBN 9782802748885

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