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Recent years have seen significant evolution in the European Commission's approach to State aid policy. This thought-provoking book analyses the enforcement of State Aid law in the aftermath of the State aid Modernization initiative, identifying a number of emerging trends at both national and EU level.Eminent scholars unpack the recent developments that have contributed to the decentralization of the enforcement of State Aid law, including the General Block Exemption Regulation which allows a larger number of aid schemes to be implemented by national authorities without prior notification to the European Commission. Timely contributions also consider the increasing role of national courts in the enforcement of State aid rules, as well as the Commission's current reliance on State Aid policy to pursue common objectives of EU interest, thus shaping a de facto EU industrial policy.This discerning book is a key resource for students and scholars specializing in both State Aid law and EU law more widely. Containing detailed analysis of the legal and economic consequences of State Aid Modernization, EU State Aid Law will also interest practitioners, economists, and public officials involved in State Aid enforcement.Contributors include: M. Boccaccio, M. Botta, G. Bruzzone, F. Caliento, S. Donzelli, A. Heimler, M. Merola, G. Monti, P.L. Parcu, F, Pastor-Merchante, J.J. Piernas López, M.A. Rossi, A. Scott, J. Weinzierl, B. Willemot-Nieuwenhuys
Edited by Pier Luigi Parcu, Part-time Professor, European University Institute and Chairman of Studio Economico, Italy, Giorgio Monti, Professor of Competition Law, Tilburg University, the Netherlands and Part-time Professor, European University Institute, Italy and Marco Botta, Part-time Professor, European University Institute, Italy
Contents:Preface xv1 Introduction 1Pier Luigi Parcu, Giorgio Monti and Marco Botta2 Is the notion of aid broadening or shrinking over time,and if so, why? A subjective view on the rationale of thecase law 18Massimo Merola and Filippo Caliento3 State aid control: recent developments and someremaining challenges 54Alberto Heimler4 Infrastructures and SGEI: the scope of State aid controland its impact on national policies 70Ginevra Bruzzone and Marco Boccaccio5 State aid policy in the broadband sector: publicannouncements, investments and crowding out 99Pier Luigi Parcu and Maria Alessandra Rossi6 The functions of national courts in the private enforcementof State aid law 121Fernando Pastor-Merchante and Giorgio Monti7 New trends in State aid enforcement by national courts:damages claims and the State aid cooperation tools 141Simone Donzelli and Bernadette Willemot-Nieuwenhuys8 A recipe for confusion: parallel treaties and parallelproceedings in State aid cases 170Adam Scott9 Recent developments in German State aid jurisprudence:a scrutiny from the perspective of the preliminaryreference procedure (Art. 267 TFEU) 194Josef Weinzierl10 Enforcement of State aid law at the national level: recenttrends in Spain 218Juan Jorge Piernas LópezIndex 240
‘The subject of this book is very relevant, both in its timing and scope of analysis. The book presents solid analyses of current issues in the field and does so in a clear fashion, making it a welcome addition to State aid scholarship.’