Table of Contents
Acknowledgements v
Table of Cases xi
Table of Legislation xix
Introduction 1
I Background 1
II Aim of the Book 2
III Literature Review 6
IV Structure of the Book 10
Part I
1 The Substantive Rules on State Aid 15
Introduction 15
I The Political Economy of Subsidies and Other Forms of State Aid 15
II The Political Economy of State Aid Control 17
1 The Institutional Rationale 17
2 The Internal Market Rationale 19
3 The Efficiency Rationale 20
4 Competitors and the Rationales of State Aid Control 21
III The Operation of the Rules on State Aid 22
1 Overview of the Rules on State Aid 22
2 The Definition of State Aid 23
3 The Administration of the Exemptions 28
4 Competitors and the Operation of the Rules on State Aid 32
Conclusion 33
2 The Institutional Design of the System of State Aid Control 34
Introduction 34
I The Involvement of Competitors in the Enforcement of State Aid Law 35
1 Harm to Competitors and State Aid Law 35
2 The Instrumental Rationale 36
3 The Legal Protection Rationale 41
4 The Instrumental and the Legal Protection Paradigms 43
II The Bilateral Design of the System of State Aid Control 45
1 Overview of the System of State Aid Control 45
2 The Bilateral Design of State Aid Procedures 46
3 The Elite Model of Accountability 48
4 The Subordination of Private to Public Enforcement 51
Conclusion 53
3 The Private Enforcement of State Aid Law 55
Introduction 55
I The Private Enforcement of EU Antitrust Law 55
II The Foundations for the Private Enforcement of State Aid Law 59
1 The Direct Effect of Article 108(3) TFEU 59
2 Remedies for Breach of the Standstill Clause 61
3 The Independence of National Courts 63
III The Role of the Commission in Fostering the Private Enforcement of State Aid Law 67
1 The Policy Preferences of the Commission 67
2 The De Minimis and Block Exemption Regulations 70
3 Advocacy and Transparency 72
IV The Limitations of the System of Private Enforcement of State Aid Law 74
1 The Underuse of Private Enforcement in the Field of State Aid Law 74
2 Obstacles to the Private Enforcement of State Aid Law 75
3 The Bifurcation Between Substantive and Procedural Regularity in State Aid 76
Conclusion 79
Part II
4 The Position of Complainants in State Aid Procedures 83
Introduction 83
I The Position of Complainants in EU Administrative Law 84
1 Administrative Authorities, Complaints and Enforcement Discretion 84
2 The Enforcement Discretion of the Commission Under EU Administrative Law 85
3 Limits: The Principle of Good Administration 88
II The Road to the Adoption of the Procedural Regulation 91
1 The Opening of the State Aid Procedure to Complainants 91
2 State Aid Complainants Before the European Courts 93
3 The Position of Complainants Under the Original Procedural Regulation 98
III The Status of Complainants in State Aid Procedures 102
1 The Athinaïki Techniki Case 102
2 The Reform of the Procedural Regulation 106
3 The Consolidation of Complainants Within State Aid Procedures 110
Conclusion 111
5 The Participation of Competitors in State Aid Procedures 113
Introduction 113
I Participation in EU Administrative Procedures 114
1 The Fundamental Right to a Hearing in EU Administrative Law 114
2 The Consultation Rights of Third Parties in ELT Administrative Law 117
3 Participation in State Aid Procedures 120
II The Participation of Competitors in State Aid Procedures 122
1 The Notion of 'the Parties Concerned' Under Article 108(2) TFEU 123
2 The Asymmetrical Design of the Consultation Phase of Article 108(2) TFEU 123
3 Minimising the Asymmetry: The Cook/Matra Case Law 125
III The Content of the Right to Participate in State Aid Procedures 128
1 The Right to Submit Comments 129
2 The Right To Be Informed of the Procedure 131
3 Access to the File and Access to Documents 134
Conclusion 137
6 Judicial Review of State Aid Decisions 138
Introduction 138
I The Position of Individuals in Judicial Review of EU Administrative Action 139
1 General Rules on Access of Individuals to the European Courts 139
2 The Objective Condition as Applied in Judicial Review of State Aid Decisions 140
3 The Subjective Requirement as Applied to Judicial Review of State Aid Decisions 142
II Judicial Review of 'Phase 1 Decisions' 148
1 The Refinement of the Cook/Matra Rule of Standing 148
2 Judicial Review of Phase 1 Decisions in the First Scenario 151
3 Judicial Review of Phase 1 Decisions in the Second Scenario 155
III Judicial Re-view of 'Phase 2 Decisions' 159
1 The Refinement of the Cofaz Rule of Standing 159
2 Type of Judicial Review Exercised Over Phase 2 Decisions 167
3 Competitors, Participation and Judicial Review 171
Conclusion 176
Conclusion 178
Bibliography 185
Index 197
