State Aid and the Energy Sector

by Leigh Hancher (Editor), Adrien de Hauteclocque (Editor), Francesco Maria Salerno (Editor)

Overview

This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.

Product Details

ISBN-13:	9781509913688
Publisher:	Bloomsbury Academic
Publication date:	02/22/2018
Pages:	640
Product dimensions:	6.69(w) x 9.61(h) x 1.38(d)

About the Author

Dr Leigh Hancher is a part-time Professor and the Director of the Energy Union Law Area at the Florence School of Regulation (EUI), Florence, and Professor of European Law at Tilburg University, the Netherlands.

Dr Adrien de Hauteclocque is a Law Clerk (Référendaire) with Vice-President M van der Woude at the Court of Justice of the European Union (General Court), Luxembourg, and an Adviser of the Florence School of Regulation, Florence.

Dr Francesco Maria Salerno is the partner heading the Brussels office of law firm Gianni Origoni Grippo Cappelli & Partners.

Table of Contents

Editors' Preface v

List of Contributing Authors xi

List of Abbreviations xxiii

Table of Cases xxv

Table of Legislation - International and European xxxix

Table of Legislation - National xlix

Part I The Definition of State Aid

1 What is State Aid? Falk Schöning Clemens Ziegler 3

2 State Aid and Price Regulation in the Energy Sector Guillaume Dezobry Adrien de Hauteclocque 31

3 State Aid and Taxation: Special Focus on Energy and the Environment Lena Sandberg 65

4 WTO Subsidy Rules: Implications for Energy Anna-Alexandra Marhold 91

Part II Compatibility Issues

5 Compatibility of RES: A Legal and Economic Approach Francesco Maria Salerno Sébastien Douguet Vincent Rious 113

6 Capacity Mechanisms and Auctions Leigh Rancher Christoph Riechmann 145

7 Cross-Border Participation in Capacity Mechanisms: Legal and Economic Issues Fabien Roques Charles Verhaeghe Guillaume Dezobry 179

8 Aid to Nuclear and Coal Leigh Hancher Max Klasse 201

9 Projects of Common Interest and Energy Infrastructure Projects Julia Sack Kristina Zych Kai Uwe Pritzsche 235

10 Services of General Economic Interest and EU State Aid Control in Energy Markets Adrien de Hauteclocque Francesco Maria Salerno Simina Suciu 271

Part III Procedures

11 State Aid Recovery and the Energy Sector Jacques Derenne 301

12 Arbitration Johannes Koepp Alejandro Escobar Laurie Frey Ernesto Feliz 327

13 Common EU Law Principles of Private Enforcement of State Aid Georg M Berrisch Brian R Byrne 357

Part IV State Aid and Energy in National Courts, The EEA and the Energy Community

14 Germany Falk Schöning Clemens Ziegler 387

15 France Liliana Eskenazi 403

16 Netherlands Marinus Winters 425

17 Austria Moritz Am Ende Judith Grimm 441

18 Italy Pierluigi Congedo 453

19 Greece Antonis Metaxas 475

20 Belgium Wim Vandenberghe 485

21 Spain Jose Luis Buendía Miguel Ángel Bolsa 491

22 State Aid and the EEA Svein Terje Tveit Jens Naas-Bibow 515

23 State Aid Enforcement in the Energy Community Marco Botta Rozeta Karova 555

Index 573

Editorial Reviews

In State Aid and the Energy Sector the editors have successfully combined the analytical strengths, State aid and energy sector knowledge of a large number of authors to complete an excellent book within an important area of EU law and policy. In not only concentrating on the traditional topics of EU State aid law, but also including comprehensive country reports and aspects such as WTO law, arbitration, the EEA Agreement and the Energy Community, the book succeeds in drawing the full picture of an increasingly complex area.” —Oil, Gas & Energy Law Intelligence

“This is the first book-length treatment of EU state-aid law in the energy sector... The map drawn by the book offers useful guidance to the readers and also alerts them to the number of open issues.” —International Energy Law Review

From the Publisher