These last few years, the European Commission has repeatedly expressed the will to reorient State intervention in the economy and strengthen State aid control. In the meantime, the economic crisis required governments to invest in the redress of markets and to allow massive bailouts to the private sector.
This course offers students the opportunity to acquire the necessary tools for the understanding of the economic crisis and discuss the role of State in the market economy.
The course offers an in-depth study of State aid control. It discusses the notion of State aid as interpreted by the Court of Justice. Specific attention is also given to the notion of Service of General Economic Interest (SGEI). Next, we examine the conditions under which an aid measure may be accepted – exempted – on the basis of the legal instruments issued by the European Commission. Finally, the course puts the emphasis on several enforcement issues and discusses the different strategies available for competitors victims of a discriminatory measure of aid and stresses the role of national judges to implement EU law.
This course covers the following structure:
- Brief historical and economic background of State aid law
- The legal notion of State aid
- State aid administrative procedure
- State aid and services of general economic interest as well as other state interventions
- Non horizontal compatible aid: de minimis, GBER, various sector specific regulations (e.g.: aviation), rescue and restructuring aid
- National courts and State aid control.