One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...

This chapter assesses the use of public procurement to enforce labour standards from a competition and State aid perspective, and concentrates on the establishment of contract compliance clauses under the rules of Article 26 of Directive 2004/18/EC and Article 70 of Directive 2014/24/EU and in...

This paper focuses on the promotion of R&D&I through state intervention in the economy, specifically by using public procurement and State aid. Innovation is widely recognised as being the key driver of economic growth alongside research and development. As the largest EU Research and Innovation...

The relationship between public procurement and State aid control rules had been controversial for a long time. However, a growing academic consensus and, more significantly, the official position of the European Commission, ruled out that the award of a public contract can amount to the grant...

As a result of the global lockdown, countries around the globe are now facing multiple crises at the same time: a health crisis, a financial crisis, and a collapse in commodity prices, which all interact in complex ways. As a reaction governments and policymakers are providing unparalleled...

This paper assesses the competition law and State aid implications of the CJEU Judgment in Azienda sanitaria locale n. 5 "Spezzino" and Others, C-113/13, EU:C:2014:2440 (Spezzino). It pays particular attention at the departure from the Altmark test for the assessment of public support granted to...

In December 2011 the European Commission updated its original SGEI package of 2005 in which it spelled out under which conditions public service compensation constituted aid but was compatible with the internal market. As such both versions of the Package complement the 2003 Altmark ruling of...

Advantage is one of the four cumulative criteria that determine whether the EU state aid regime is applicable. Here we look at advantage in relation to compensation for public service obligations. In its Altmark ruling of 2003 the CJEU has fashioned a four part test that, if met, means that the...

The European Commission has announced comprehensive reform of European control of state financial aids. In its State Aid Action Plan (SAAP), published in November 2005, it states that the main aim of this reform is to apply a more economic approach. This paper is a translated version of chapter...

In the aftermath of the Bosman judgment of the European Court of Justice (1995), the application of the EU free movement and antitrust rules to the sports sector rapidly intensified and deepened. Until very recently, however, the application of the EU State aid rules remained an anomaly in the...