10.46282/blr.2020.4.1.194
https://zenodo.org/records/4085232
oai:zenodo.org:4085232
Bernardo Cortese
Bernardo Cortese
Università degli studi di Padova
EU STATE AID LAW AS A PASSEPARTOUT: SHOULDN'T WE STOP TAKING THE EFFECT ON TRADE FOR GRANTED?
Zenodo
2020
EU Law, EU Competition Law, EU State Aid Law, EU Internal Market, Notion of State Aid, EU Commission, Self-Restraint
2020-08-31
https://zenodo.org/communities/oeas_eosa_eu
https://zenodo.org/communities/upe-unipd
Creative Commons Attribution 4.0 International
The present contribution addresses the excessive amount of discretion left to the EU Commission (and Courts) in defining the enforcement priorities in the field of EU State aid Law, by singling out one element of the (inherently vague) the notion of State aid, namely the effect on trade between member States. The approach taken by the Commission’s practice and the ECJ case law in this field ends up building a rather unpredictable legal framework. This risks unreasonably undermining both member States’ legislative choices in fields not necessarily falling under an EU competence, and undertakings’ legitimate expectations.
Cortese, B. (2020). EU State Aid Law as a passepartout: Shouldn't We Stop Taking the Effect on Trade for Granted? Bratislava Law Review, 4(1), 9-18. https://doi.org/10.46282/blr.2020.4.1.194