Reforma veřejné podpory v EU; Implementace Akčního programu veřejné podpory

Jakubová, Jana

The EU State aid reform The implementation of the State aid action plan This work is divided into three sections. The first section defines State aid under the Article 107(1) of the Treaty of Functioning of the EU. In this regard, on the basis of the EU Courts case law, it is explained what the "State resources" are, under which conditions the State intervention is "imputable to the State", what can be considered as "an undertaking" and "an advantage" as well as under which conditions an aid can have "an effect on trade and distort (or threaten to distort) the competition on the internal market". Consequently, Article 107(2) and (3) of the TFEU is examined and the difference is highlighted between the State aid that is compatible per se on the basis of the TFEU and the State aid that may be declared compatible with the TFEU by the Commission. The second section is first dedicated to the principles on which the Action plan of was based. The role of the "refined economic approach" in general and the importance of "incentive effect of aid", "market failure" and "proportionality" for the compatibility assessment of State aid in particular is discussed. In this context, the role of the "balancing test" is stressed out. Moreover, it is explained how it is incorporated by the Commission in the soft law...

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