Droit européen des aides d’État, Michaël KARPENSCHIF

Michaël Karpenschif

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to stephane.rodrigues-domingues@univ-paris1.fr for review in this section.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

State aid law has long been the "poor relation" of competition law, which has focused mainly on matters known in the Member States: the control of cartels, abuses of dominant positions and merger law. While it is ultimately easy to control the anti-competitive behaviour of companies, the same cannot be said of that committed by public authorities; such control can only be carried out in a supranational framework.

The payment of State aid, which was introduced under the ECSC Treaty, was changed from an absolute prohibition in 1951 to a framework for examining compatibility from 1957. Since then, the Commission’s decision-making practice, the constructive case-law of the European courts and the exponential increase in the number of cases to be dealt with (following the emergence of multiple and then lasting crises in the European economy) have led to the concept of State aid being given a precise outline, to the establishment of procedural rules for this compatibility examination, to the involvement of national authorities in the discipline of State aid, and to the invention of specific sanctions in the event of the granting of aid that is illegal and incompatible with the Treaty.

This book aims to define the main concepts (What is State aid? What is public service obligation compensation? What is de minimis aid?...), detail the rules in force (What is existing aid, what is new aid? What is illegal and/or incompatible aid?), restore the role of each of the actors in this area (What powers/duty for the Commission, European judges, national authorities and judges?) and explain the issues at stake in this area (What is the purpose of State aid law? Is it used for purposes other than the establishment of pure and perfect competition?...).

Up to date with the latest legislative reforms (amended RGEC 2017, Rules of Procedure 2015) and the case law of the Court of Justice (all judgments from February 1961 to April 2017) and national courts, the book will be of interest to lawyers specialising in public law and competition law, administrative magistrates, local and central government lawyers and academics.

PDF Version

Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Stéphane Rodrigues, Droit européen des aides d’État, Michaël KARPENSCHIF , November 2017, Concurrences N° 4-2017, Art. N° 85104, p. 229

Publisher Bruylant

Date 1 August 2017

Number of pages 526

ISBN 978-2-8027-5801-3

Visites 410

All reviews