EU State Aid Law. Emerging Trends at the National and EU Level, Pier Luigi PARCU, Giorgio MONTI and Marco BOTTA

Pier Luigi Parcu, Giorgio Monti, Marco Botta

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The collective work EU State Aid Law. Emerging Trends at the National and EU Level, edited by Professors Parcu and Monti and Marco Botta, is the result of the 7th edition of the ENTraNCE (European Networking and Training for National Competition Enforcers) research project of the European Law Institute in Florence focusing on competition law and economics. This book offers a rare and yet essential meeting of various contributions from legal and economic researchers, European Commission officials and national judges on the evolution of State aid policy and more particularly on the modernisation of State aid control that has been underway for almost two decades. The ambition of this book is to identify trends at national and European level.

Indeed, the book points out that since the State Aid Action Plan of 2005, State aid control has entered an important modernisation process which is characterised, on the one hand, by a significant increase in the decentralisation of State aid policy and an enhanced role for national judges in the field of State aid. On the other hand, despite the relative stability of European state aid policy for several decades, it is now undergoing a major modernisation of its aims and action, in particular in line with the ambitions of the Lisbon Strategy. According to the authors, this evolution is, according to the authors, perceptible in the framework of industrial policy, services of general economic interest or even in the recent offensive of the European Commission in the fight against economic advantages of a fiscal nature, as evidenced by the Apple decision of 30 August 2016. Similarly, they point out that this modernisation has also been reinforced through Regulation (EU) No 651/2014 establishing a series of block exemptions in the field of the environment, infrastructure and small and medium-sized enterprises.

The numerous contributions in this book analyse the direct consequences of this modernisation and more particularly the significant increase in the involvement of the central and local authorities of the Member States, as well as their national courts. The lack of European harmonisation in the steering of State aid policy in the different Member States increases the theoretical and practical interest of this book in the developments and recommendations it proposes.

While the book adopts as its axis of analysis the emerging trends at national and European level in State aid policy, this choice allows the authors to examine precisely the fundamental questions that nourish the existence, maintenance and progressive evolution of this tool which is at the heart of European construction.

The main strength of the contributions in the first part of this book is to feed the analysis of contemporary issues with solid practical and historical illustrations. They thus put into perspective the reflections on the key notions of State aid law or on the rigorous development of infrastructures and services of general economic interest. The analyses are also characterised by a convergence of economic and legal data that is particularly valuable on such a subject. Consequently, this innovative and effective reading allows us to discover or rediscover even classic subjects, such as the Altmark case law, from a new angle.

The second part of the contributions, less theoretical, remains just as rigorous and exciting as the first, focusing in particular on broadband internet coverage. Once again, it is accompanied by a number of contentious illustrations that are essential to understanding the issues and problems addressed. This part also offers several particularly rich contributions on the subject of the recent modernisation of State aid law. Studies on the role of national courts in the private implementation of Article 107 TFEU or on the tools for collaboration between the European Commission and these courts are essential to feed contemporary reflections on European State aid policy and its future. Finally, the detailed analyses of the litigation activities in Germany and Spain provide valuable insights into the day-to-day management of these issues by the courts of the Member States and provide examples that are as valuable to the reader as ever.

The various contributors have thus successfully met the high ambitions of this book, which carefully combines conciseness and precision in its analyses. The contributions, which are always very stimulating, should quickly make this book a solid reference in the field of State aid, both for practitioners and researchers in this field.

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Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Vincent Bridoux, EU State Aid Law. Emerging Trends at the National and EU Level, Pier Luigi PARCU, Giorgio MONTI and Marco BOTTA, September 2020, Concurrences N° 3-2020, Art. N° 96020, pp. 234-235

Publisher Edward Elgar Publishing

Date 6 February 2020

Number of pages 264

Visites 122

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