Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part ofnational law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts fromacademia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law.Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility ofState aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.

Part I: Rationales for State Aid Rules; 1 Herwig Hofmann: Activity in a Multi-level System: Motivations for Aid, Why Control It, Evolution of Aid in the EU; 2 Raj Chari: Evolution of Aid in the EU: Classifying Different Types of Countries, and the Financial and Economic Crisis; 3 Claire Micheau: Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes; Part II: The Notion of State Aid; 1 Erika Szyszczak: Criterion of State Origin; 2 Wolf Sauter: The Notion of Undertaking; 3 Aindrias O Caoimh and Wolf Sauter: Criterion of Advantage; 4 Robert Cisotta: Criterion of Selectivity; 5 Erika Szyszczak: Distortion of Competition and Effect on Trade Between EU Member States; 6 Christopher Bovis: Public Procurement and State Aid; 7 Katerina Pantazatou: European Structural, Investment Funds, and State Aid Control; Part III: Compatibility Rules on State Aid; 1 Tim Maxian Rusche: General Theory on Compatibility of State Aid; 2 Massimo Orzan: De Jure Compatible Aid under Article 107 (2) TFEU; 3 Ramona Ianus and Massimo Orzan: Aid Subject to a Discretionary Assessment under Article 107 (3) TFEU; 4 Tim Maxian Rusche: Rescue and Restructuring Aid; 5 Tim Maxian Rusche: Transport Aid (Article 93 TFEU); 6 Ramona Ianus: Aid Deemed to be Compatible with the Internal Market: The General Block Exemption Regulation (GBER); Part IV: Procedures before the Commission; 1 Leigh Hancher: The Administrative Procedure - the Privileged Dialogue; 2 Leigh Hancher, Francesco Maria Salerno, and Michael Schuette: The Different Stages in the State Aid Procedure; 3 Bucura Catalina Mihaescu: Recovery of Unlawful Aid and the Role of the National Courts; Part V: Judicial Review Before the Court of Justice of the European Union; 1 Hanns Peter Nehl and Viktor Kreuschitz: Introduction: EU State Aid Litigation in a Quasi-Federal System; 2 Hanns Peter Nehl: Direct Actions and Judicial Review before the Union Courts; 3 Viktor Kreuschitz: Decentralized Judicial Review and Enforcement of EU State Aid Rules; Part VI: Global Approach of State Aid Law - WTO Law and EU Trade Defence Instruments; 1 Luca Rubini: WTO Subsidy Laws: The International Regulation of State Aid; 2 Juhi Sud and Edwin Vermulst: Anti-subsidy Law and Practice of the European Union