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Table of Contents
Intro; Contents; Introduction: The Modernization of State Aid Regulation; 1 The Complexities of EU State Aid Policies; 2 The Modernization Process: Historical Background; 3 The Modernization Process: A First Assessment; 4 The Central Idea of the Volume; 4.1 A New Institutional Framework for State Aid Control; 4.2 Policy Areas; 5 Concluding Remarks; References; Part I: A New Institutional Framework for State Aid Control; State Aid Modernization; 1 Introductory Remarks; 1.1 Foster 'Good Aid'; 1.2 Focusing Enforcement on Cases with the Biggest Impact on the Internal Market
1.3 Streamlined Rules and Faster Decisions2 Common Compatibility Principles; 2.1 Contribution to a Well-Defined Objective of Common Interest; 2.2 Need for State Intervention; 2.3 Appropriateness of the Aid Measure; 2.4 Incentive Effect of the Aid; 2.5 Proportionality of the Aid and Keeping Aid to a Minimum; 2.6 Avoidance of Undue Negative Effects on Competition and Trade Between Member States; 2.7 Transparency of Aid; 3 SAM: The Instruments; 3.1 The Notice on the Notion of Aid; 3.2 The Revised and New State Aid Guidelines; 3.2.1 Broadband; 3.2.2 Regional Aid; 3.2.3 Audiovisual Production
3.2.4 Risk Finance3.2.5 Aviation; 3.2.6 Environmental Protection and Energy; 3.2.7 Important Projects of Common European Interest (IPCEI); 3.2.8 Research and Development and Innovation; 3.2.9 Rescue and Restructuring; 3.3 The Revised State Aid Regulations; 3.3.1 Procedural Regulation; 3.3.2 De Minimis Regulation; 3.3.3 General Block Exemption Regulation; SMEs; Training; Employment; Natural Disasters; Social Aid for Transport for Residents of Remote Regions; Culture and Heritage Conservation; Sport and Multifunctional Recreational Infrastructures; 3.3.4 Local Infrastructures
4 A Renewed Partnership on State Aid Between the Commission and the Member States5 Transparency; 6 Evaluation; 7 Conclusions; The Notice on the Notion of State Aid: Every Light Has Its Shadow; 1 Introduction; 2 The Place of the Notice Within the Hybrid State Aid Regulatory Framework; 2.1 Legal Nature and Legal Effects; 3 The 'Oddity' of the Notice: A Constitutional Uneasiness; 4 The Notion of Aid as It Emerges from the Notice: Some Concerns; 4.1 Infrastructure; 4.2 Effect on Trade/Distortion of Competition-Some Ambiguities; 4.3 Fiscal Aid: Too Much of a Look to the Future
4.4 A Selective Reading of Selectivity5 Conclusions; References; A More Economic Approach to the Control of State Aid; 1 The Common Principles of Compatibility of State Aid; 2 Economic Approach to State Aid; 3 A Case Study on the Application of the Common Assessment Principles; 3.1 The Aid Measure and Its Assessment by the Commission; 3.2 The Judgment of the General Court; 3.3 An Assessment; 4 Reasons for Incompatibility; 5 Ex Post Evaluation; 6 Quantitative Methods; 6.1 Capital Asset Pricing Model; 6.2 Guarantees; 6.3 Funding Gap Method; 7 Conclusions
1.3 Streamlined Rules and Faster Decisions2 Common Compatibility Principles; 2.1 Contribution to a Well-Defined Objective of Common Interest; 2.2 Need for State Intervention; 2.3 Appropriateness of the Aid Measure; 2.4 Incentive Effect of the Aid; 2.5 Proportionality of the Aid and Keeping Aid to a Minimum; 2.6 Avoidance of Undue Negative Effects on Competition and Trade Between Member States; 2.7 Transparency of Aid; 3 SAM: The Instruments; 3.1 The Notice on the Notion of Aid; 3.2 The Revised and New State Aid Guidelines; 3.2.1 Broadband; 3.2.2 Regional Aid; 3.2.3 Audiovisual Production
3.2.4 Risk Finance3.2.5 Aviation; 3.2.6 Environmental Protection and Energy; 3.2.7 Important Projects of Common European Interest (IPCEI); 3.2.8 Research and Development and Innovation; 3.2.9 Rescue and Restructuring; 3.3 The Revised State Aid Regulations; 3.3.1 Procedural Regulation; 3.3.2 De Minimis Regulation; 3.3.3 General Block Exemption Regulation; SMEs; Training; Employment; Natural Disasters; Social Aid for Transport for Residents of Remote Regions; Culture and Heritage Conservation; Sport and Multifunctional Recreational Infrastructures; 3.3.4 Local Infrastructures
4 A Renewed Partnership on State Aid Between the Commission and the Member States5 Transparency; 6 Evaluation; 7 Conclusions; The Notice on the Notion of State Aid: Every Light Has Its Shadow; 1 Introduction; 2 The Place of the Notice Within the Hybrid State Aid Regulatory Framework; 2.1 Legal Nature and Legal Effects; 3 The 'Oddity' of the Notice: A Constitutional Uneasiness; 4 The Notion of Aid as It Emerges from the Notice: Some Concerns; 4.1 Infrastructure; 4.2 Effect on Trade/Distortion of Competition-Some Ambiguities; 4.3 Fiscal Aid: Too Much of a Look to the Future
4.4 A Selective Reading of Selectivity5 Conclusions; References; A More Economic Approach to the Control of State Aid; 1 The Common Principles of Compatibility of State Aid; 2 Economic Approach to State Aid; 3 A Case Study on the Application of the Common Assessment Principles; 3.1 The Aid Measure and Its Assessment by the Commission; 3.2 The Judgment of the General Court; 3.3 An Assessment; 4 Reasons for Incompatibility; 5 Ex Post Evaluation; 6 Quantitative Methods; 6.1 Capital Asset Pricing Model; 6.2 Guarantees; 6.3 Funding Gap Method; 7 Conclusions