State Aid Law as a passepartout: Shouldn’t We Stop Taking the Effect on Trade for Granted?

Cortese, Bernardo

doi:10.46282/blr.2020.4.1.194

Cited by 2 publications

(1 citation statement)

References 6 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The aim of the prohibition of aid granted by states (for more details regarding definitions and concepts of state aid see e.g. Cortese, 2020;Kubera, 2020;Pärn-Lee, 2020) is clearly stipulated in provision of Art. 107(1) TFEU: avoid any act of public authority that "distorts or threatens to distort competition […], in so far as it affects trade between Member States. "…”

Section: State Aidmentioning

confidence: 99%

Nullity and ineffectiveness of contracts as a consequence of violation of EU competition and public procurement rules

Blažo

2020

Strani pravni život

View full text Add to dashboard Cite

The presented paper will focus on the extent of requirements of EU law for nullity or ineffectiveness of contracts in specific areas linked to functioning internal market: competition law, including agreements restricting competition, abuse of dominant position, merger control and state aid, and rules of public procurement. The scope of EU-law-based nullity is quite limited and only Art. 101(2) TFEU provides expressed nullity of agreements restricting competition. In the case of abuse of dominance, nullity of contract constituting abuse of dominant position can be drawn from the principle of effectiveness of EU law. Validity or nullity of contracts violating suspension clause in merger control regime are assessed in two periods - before decision on merger and after decision of the Commission. State aid regime cannot rely on EU-law-based nullity of contracts that violate EU state aid rules. Finally, public procurement rules appear the most complex in this context since they operate with the "right" of the contracting authority to terminate contract and power of revision authority to declare "ineffectiveness" of illegally awarded contract, and therefore revision of directives is suggested.

show abstract

Section: State Aidmentioning

confidence: 99%

Nullity and ineffectiveness of contracts as a consequence of violation of EU competition and public procurement rules

Blažo

2020

Strani pravni život

View full text Add to dashboard Cite

show abstract

Responsibility of Local Self-Government for Infringement of the European Union Competition and Public Procurement Rules and Its Enforcement in Slovakia

Blažo

2020

European Studies

View full text Add to dashboard Cite

Summary The paper will analyse the position of local self-government (i.e. municipalities and self-governing regions) in the framework of enforcement of internal market, its impact and effectiveness. The analysis of the legal framework of Slovakia has shown, that there are three ways in which the central government can compel local self-governmental authorities to follow rules of internal marker, including competition rules: (1) state aid rules, (2) public procurement rules and (3) “other” rules of competition. Legal analysis is complemented by the analysis of quantitative data regarding sanction policies in respective areas.

show abstract

State Aid Law as a passepartout: Shouldn’t We Stop Taking the Effect on Trade for Granted?

Cited by 2 publications

References 6 publications

Nullity and ineffectiveness of contracts as a consequence of violation of EU competition and public procurement rules

Nullity and ineffectiveness of contracts as a consequence of violation of EU competition and public procurement rules

Responsibility of Local Self-Government for Infringement of the European Union Competition and Public Procurement Rules and Its Enforcement in Slovakia

Contact Info

Product

Resources

About