The handbook is a completely revised and updated version of the "Handbuch des Europ ischen Beihilferechts", first published in German in 2003. The handbook is of general interest to competition lawyers and is not specifically concerned with German law or legal practice. European State Aid Law has gained considerably in importance over the last decade. The number of proceedings before the Commission has escalated and the European Courts are increasingly involved with disputes concerning state aid. This handbook endeavours to provide practical guidance in State Aid cases. It fully incorporates the EU Commission State Aid Action Plan ('Less and better targeted state aid: a roadmap for state aid reform 2005-2009'), published mid 2008, and the new version of the General Block Exemption Regulation. The main topics are covered are: Basic principles Elements of state aid Compatibility of state aid with the Common Market according to Art. 87 Sec.2 and Sec.3 ECT Block Exemption Regulations Public enterprises Commission proceedings according to Council Reg. (EC) No.
659/ 1999 Proceedings before the European Courts To meet the needs of practitioners in Europe and beyond, the handbook also covers state aid concerning venture capital, agriculture and steel.
Dr Martin Heidenhain is a partner of Berlin-based law firm Hengeler. The authors are well-known practitioners active in the field of European state aid and competition law
Chapter 1. General Principles 1 Basic Outline of State Aid Law A. Prohibition of State Aid I. Basis for the Prohibition II. Authority of the Commission III. Authority of the Council IV. Authority of the Community Courts V. Goals of Aid Regulation B. Scope of State Aid Prohibition I. Substantive Scope II. Geographic Scope III. ECSC Treaty IV. Euratom Treaty C. Volume of Aid being Granted 2 Development of State Aid Law A. General B. Acts of the Commission I. Communications, Guidelines, Frameworks, Regulations 1. Procedure 2. Block Exemption Regulations 3. Horizontal aid 4. Regional aid 5. Sectoral aid II. Statistical Data III. Transparency of the Commission's Activities C. Acts of the Council Chapter 2. The Concept of State Aid 3 General Principles A. Demarcation of Jurisdictions B. Elements of State Aid C. Interpreting the Elements D. Grantors of Aid E. Aid Recipients F. Types of Aid G. Compensation for the Discharge of Services of General Economic Interest H. De minimis aid I. Derogatory Provisions of the Treaty 4 The Concept of State Aid A. Granting of an Economic Advantage I. Economic Advantages 1. Principle of fair market value 2. Proof of fair market value II. Relief from Economic Burdens III. Indirect Advantages IV. Parafiscal Duties V. Other State Measures VI. Date of Grant B. Transfer of State Resources I. General II. Requirement of State Resources 1. State resources 2. Attribution to the State 3. State control 4. Resources of private undertakings 5. PreussenElektra III. Requirement of Transfer of Resources C. Favoring of Certain Undertakings or the Production of Certain Goods I. Undertakings II. The Production of Certain Goods III. Specific Measures IV. Advantages Inherent in the System V. Tax Law Measures VI. Broad interpretation D. Distortion of Competition I. Distortion of Competition II. Relevant Market 1. Concept of State aid 2. Approval of State aid E. Adverse Effects on Trade between Member States I. Trade between Member States II. Adverse Effect on Trade III. Irrefutable Presumptions IV. Alignment of Competitive Conditions V. Trade with non- Member States VI. Local Matters VII. Perceptible Effect 5 De Minimis Aid A. The Commission's de minimis Policy B. The de minimis Regulation I. Legal Basis of the de minimis Regulation II. Procedure to Adopt the de minimis Regulation III. Scope of the De-minimis Regulation 1. Substantive scope 2. Sectoral Scope 3. Temporal scope IV. Conditions for the Classification as de minimis Aid V. Monitoring VI. Legal Consequences of a Classification as "De-minimis"-Aid 6 State Investments of Capital A. The "Private Investor Test" as Standard of Review for State Investments of Capital I. Basic Principles II. Commission Communications and Decisions 1. Equity Holdings Communication a) First group of cases: Acquisition of all or part of the assets of an existing firm without the investment of additional capital b) Second group of cases: Capital investments not involving State aid aa) Founding of a new enterprise: bb) Provision of fresh capital to public undertakings: cc) Capital increases involving the simultaneous participation of the State and private shareholders: dd) Strategic or high-risk investments c) Third group of cases: Capital investments constituting State aid aa) Unreasonably low profitability prospects; no adequate means of self-financing: bb) Only temporary participation of the State: cc) Founding of rescue companies for unprofitable businesses: dd) Disproportionate State participation in a mixed public-private enterprise; investments exceeding the net asset value of the beneficiary enterprise: d) Fourth group of cases: Other cases / grounds for a presumption of State aid 2. Communication on public undertakings a) General principles of interpretation aa) Broad spectrum of approaches to evaluation: