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| DROI0184-1 | Legal aid law
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| Duration : | 30h Th |
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| Credits/ECTS : |
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| Holder(s) : | Jacques Derenne |
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| Language : | French language |
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| Course contents : | The objective of this course is to examine in detail how State aid is governed under EU competition law (Articles. 107 and 108 of the Treaty on the functioning of the European Union - "TFEU"). The course is divided into four parts.
The first part is intended to place the rules on State aid back in context in the system of the TFEU and to examine the reform of State aid by the European Commission over the 2005-2009 period.
The objective of the second part is the notion of State aid and enumerates the different conditions that apply (Art. 107(1) TFEU). These are studied from the perspective of a number of EU case law cases: granting of an advantage (notion of normal market conditions - private investor, private creditor, granting of credit, sale of goods or services, privatisation, compensation for charges for 'public services', selectivity, transfer of State resources/attributable to the State, distortion in competition and allocation of exchanges between Member States).
In the third part, we examine the application of Article 107(3) TFEU which allows the Commission to exempt State aid from the prohibition that would normally apply: sources of the rules of substantive law and evolution, rules of exemption, sectoral or horizontal rules (research, development and innovation, rescue and restructuring aid, environmental protection, airports, fiscal matters, audio-visual, guarantees, etc.), regional aid. The State aid control during the financial and economic crisis will in particular be studied, with the evolution of the Commission's approach and its numerous decisions adopted since October 2008 being examined in detail.
Finally, the fourth part will be devoted to the rules of procedure that the European Commission must follow and to the intervention of national courts (Article 108 TFEU): notions of new, existing, illegal and incompatible aid, a priori supervision by the Commission, supervision by the national judge, enumeration of the respective competences of the Commission and the national judge.
This important section will provide in particular an opportunity to study many issues that illustrate the role played by the national judge and to discuss the study of the application of State aid at the national level that Jacques Derenne co-managed and co-edited for the European Commission in 2005-2006, updated in 2009 under his directorship. |
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| Contacts : | Bât. B31 Département de droit
boulevard du Rectorat 7
4000 Liège 1
Belgique
jderenne@ulg.ac.be |
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