Helping the economy through state intervention is in principle forbidden in the European Union. Article 107(1) TFEU, contains a general prohibition of state aid, defined as aid granted by MS (MS) through state resources, which distorts or threatens to distort competition by favouring certain...

EU State aid control has been a tool for the Member States to swiftly counteract the economic losses of the COVID-19 crisis and keep businesses afloat. The present paper assessed how the recent relaxation of EU State aid control by the Temporary Framework for State Aid (TF) has changed the...

This article provides a brief analysis of the Court of Justice of the EU decision of 16 March 2021, C 562/19 P European Commission v Republic of Poland, addressing issues of state aid and progressive turnover taxation

During the financial crisis, companies and lenders found themselves in distressed situations. Competition authorities across the globe had to deal with controversial issues such as the application of the ‘failing firm’ defence in merger transactions as well as assessment of emergency aid...

Impaired assets such as non-performing loans (“NPLs”) continue to pose significant problems across the EU. When possible solutions are being considered, “bad banks” or similar impaired asset relief measures are oſten discussed. However, if they involve support by the State such measures...

Eine alternde Bevölkerung und ein steigender Bedarf an Kompetenzen verstärken die Erwartungen, dass die Hochschulen Weiterbildungsangebote für Erwachsene, die ihre Qualifikationen auf einem höheren Niveau erneuern oder erweitern wollen, ausbauen werden. Weiterbildung wird auch in Deutschland...

As a consequence of the financial crisis, the importance of public ownership of firms has risen. This article applies economic principles from the field of European State aid control to public enterprises, and identifies important insights on how to tailor competition policy to the particular...

In 2009 the Commission adopted a new Communication on the application of State aid rules to public service broadcasting. The new Broadcasting Communication includes fresh measures and reveals a trend giving Member States a greater role with regard to the compatibility of State aid granted for...

The concept of state aid and the question of whether it serves or distorts the healthy competitive environment within the markets has been a controversial issue amongst different jurisdictions. While there is a possibility for this kind of aid to distort the competition in the marketplace by...

We revisit the topic of national favoritism in government procurement in the context of international trade, focusing on the impact of a participation/transition cost difference between domestic and foreign firms. Our public tender model generates two kinds of equilibrium outcomes, where a...

In this fourth part in a series of reports on state aid, Mason focuses on the element of “advantage” in EU state aid law, and she criticizes the European Commission's doctrinal approach to identifying advantages for state aid purposes. In particular, this article addresses the divergence...

In this report, the first in a series of reports on EU state aid, Mason provides background on state aid law as it applies to income taxes, including the legal standard, recovery mechanism, and case selection by the Commission

The article focuses on the relationship between EU (European Union) state aid law and compliance with intra-EU investment arbitration awards. The first section investigates the problem of compliance with intra-EU awards in general and argues that the doctrine of imputability allows to rule out...

Dit proefschrift biedt een actueel en diepgaand inzicht in de regulering van publieke financiering van falende banken in de Europese Unie (EU). Daarbij komt de onderlinge samenhang tussen de drie essentiële rechtsgebieden: prudentieel recht, staatssteunrecht en afwikkelingsrecht uitgebreid aan...

The present chapter discusses the relationship between small and medium enterprises and state aid. SMEs are very essential to promote competitiveness, job creation, economic growth, social stability and a spirit of entrepreneurship and innovation throughout the EU. For that reason they are at...