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The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Luca Rubini

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.001.0001
Subject:
Law, Public International Law, EU Law

This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ... More


Est Maître Des Lieux Celui Qui Les Organise: How Rules Change When National and European Policy Domains Collide

Patrick Le Galès

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0007
Subject:
Political Science, European Union

An examination is made of how tensions that develop between supranational and national governance structures are resolved, given the institutionalization taking place at the European level. The focus ... More


Public expenditure in the fisheries sector

Robin R. Churchill and Daniel Owen

in The EC Common Fisheries Policy

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199275847
eISBN:
9780191706080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275847.003.0008
Subject:
Law, EU Law, Environmental and Energy Law

This chapter addresses public expenditure in the fisheries sector. It deals first with two EC financial instruments: the European Fisheries Fund (EFF) and Regulation 861/2006. The latter is ... More


The Forms of Governmental Action Covered by EC State Aid Rules

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0005
Subject:
Law, Public International Law, EU Law

This chapter deals with questions similar to those that were analysed in Chapter 4 on WTO law. Following the first three techniques to define the legal relevance of the conduct of the government ... More


Foundations: The Purpose of Subsidy Control

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0002
Subject:
Law, Public International Law, EU Law

This chapter addresses two foundational questions which have an important impact on the more confined topic of the definition of subsidy. Why do we, and should we, control subsidies? If so, how do we ... More


The Distortion of Competition

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0014
Subject:
Law, Public International Law, EU Law

This chapter analyses the ‘impact standards’ in WTO subsidy and EC State aid rules. ‘Impact standards’ are those elements of the definition of subsidy (or State aid) that identify the negative ... More


State Aids: Economic Analysis and Practice in the European Union

David Spector

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566358
eISBN:
9780191722790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566358.003.0007
Subject:
Economics and Finance, Public and Welfare, International

Economic theory provides many different rationales for a supranational state aid control. It can be justified by paternalistic motives — helping national governments overcome their inability to ... More


Forms of Governmental Action: Internal and External Perspectives

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0006
Subject:
Law, Public International Law, EU Law

This chapter begins by providing a conclusive critical assessment of the state of the law with respect to the forms of governmental action that constitute a subsidy or a State aid in the WTO and EC, ... More


Concluding Remarks: Objectives and the Advantage Analysis

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0011
Subject:
Law, Public International Law, EU Law

This chapter provides a brief summary of the findings of Part III on the advantage analysis and, to further explore one of the main recurring themes of the book (namely the role played by the ... More


Participation Rights in State Aid

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0008
Subject:
Law, EU Law

Chapter 8 examines the case law on Article 108 (2) TFEU, the only provision of the Treaty that makes the decisional powers of the Commission dependant on a participatory procedure. It tests four ... More


Definition of Aid

Richard Plender QC

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0001
Subject:
Law, EU Law

This chapter provides a discussion on the definition of State aid. The rules in the European Community treaties governing State aids trace their origin to those of the General Agreement on Tariffs ... More


Introduction

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0001
Subject:
Law, Public International Law, EU Law

This introductory chapter is organized as follows. Section I introduces reader to the subject of this book then Section II turns to the desirability and feasibility of the adoption of a comparative ... More


The Identification of the Beneficiaries

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0012
Subject:
Law, Public International Law, EU Law

This chapter examines the issue of the identification of the beneficiaries, i.e., the persons that benefit from the advantage granted through the subsidy or State aid. After a few introductory ... More


State Aid and Self-Government: Regional Taxation and the Shifting Spaces of Constitutional Autonomy

Francesco de Cecco

in From Single Market to Economic Union: Essays in Memory of John A. Usher

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199695706
eISBN:
9780191741302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199695706.003.0012
Subject:
Law, EU Law

This chapter considers whether, under which conditions, tax measures that have a regional (sub-national) scope should be treated as State aid and assesses the constitutional implications of this ... More


The Law of State Aid in the European Union

Andrea Biondi, Piet Eeckhout, and James Flynn (eds)

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.001.0001
Subject:
Law, EU Law

EC State aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. Significant and ... More


If Only It Were So Simple: Public Health Services and EU Law

Tamara K Hervey

in Market Integration and Public Services in the European Union

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199607730
eISBN:
9780191725258
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607730.003.0007
Subject:
Law, EU Law

This chapter begins with a discussion of ‘public health services’ in the context of the EU's Member States in the 21st century. It then considers the current position of the relationships between EU ... More


State Aid Regulation in Candidate Countries: The Case of Poland

Anna Fornalczyk

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0007
Subject:
Law, EU Law

This chapter discusses the State aid regulation in Poland. State aid can be used as an element of macro-economic policy of the State in the market economy. The regulations on State aid are new in the ... More


Balancing the Banks: Global Lessons from the Financial Crisis

Mathias Dewatripont, Jean-Charles Rochet, and Jean Tirole

Published in print:
2010
Published Online:
October 2017
ISBN:
9780691145235
eISBN:
9781400834648
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691145235.001.0001
Subject:
Business and Management, Finance, Accounting, and Banking

The financial crisis that began in 2007 in the United States swept the world, producing substantial bank failures and forcing unprecedented state aid for the crippled global financial system. ... More


The Design of Competition Policy Institutions for the Twenty-first Century: The Experience of the European Commission and the Directorate-General for Competition

Philip Lowe

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566358
eISBN:
9780191722790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566358.003.0002
Subject:
Economics and Finance, Public and Welfare, International

This chapter provides an overview of the components that are considered necessary for a modern framework for competition policy. It summarizes how over the last years the European Union has ... More


Treaty Law and the Energy Sector

Kim Talus

in EU Energy Law and Policy: A Critical Account

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199686391
eISBN:
9780191766268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199686391.003.0004
Subject:
Law, EU Law, Environmental and Energy Law

This chapter discusses the application of Treaty law to energy markets. Topics covered include the progressively intrusive application of EU competition law to force changes in market structures and ... More


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