4085232
doi
10.46282/blr.2020.4.1.194
oai:zenodo.org:4085232
user-oeas_eosa_eu
user-upe-unipd
EU STATE AID LAW AS A PASSEPARTOUT: SHOULDN'T WE STOP TAKING THE EFFECT ON TRADE FOR GRANTED?
Bernardo Cortese
Università degli studi di Padova
info:eu-repo/semantics/openAccess
Creative Commons Attribution 4.0 International
https://creativecommons.org/licenses/by/4.0/legalcode
EU Law, EU Competition Law, EU State Aid Law, EU Internal Market, Notion of State Aid, EU Commission, Self-Restraint
<p>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.</p>
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
Zenodo
2020-08-31
info:eu-repo/semantics/article
4085231
user-oeas_eosa_eu
user-upe-unipd
1602635216.768549
187365
md5:daf0fc9a653f5fa0a35cddb766b2c991
https://zenodo.org/records/4085232/files/194-Article Text-638-3-10-20200831.pdf
public
Bratislava Law Review,
4
1
9-18
2020-08-31