Preface |
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vii | |
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xiii | |
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lxxxiii | |
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Part I STATE AID AND ARTICLE 107 TFEU |
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1 The Notion of State Aid in EU Law |
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3 | (50) |
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1.1 State aid in European Union Law |
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3 | (9) |
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1.2 Economic advantage granted by the State |
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12 | (15) |
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1.3 Aid must be imputable to the State |
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27 | (7) |
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1.4 Aid must be financed through State resources |
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34 | (12) |
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1.5 State regulation as State aid |
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46 | (7) |
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2 State Aid within Article 107(1) TFEU |
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53 | (44) |
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2.1 Criteria for State aid within Article 107(1) TFEU |
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53 | (1) |
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2.2 Undertakings as recipients of aid |
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54 | (9) |
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2.3 Selective advantage favouring certain undertakings |
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63 | (13) |
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2.4 Distortion of competition |
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76 | (6) |
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2.5 Effect on trade between Member States |
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82 | (9) |
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91 | (6) |
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97 | (56) |
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3.1 Taxation and State aid |
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97 | (12) |
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3.2 Selectivity by derogation from normal taxation |
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109 | (18) |
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3.3 Taxation and regional autonomy |
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127 | (9) |
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3.4 Special taxes and parafiscal levies |
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136 | (13) |
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3.5 Harmful tax competition |
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149 | (4) |
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4 Market Transactions and State Aid |
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153 | (40) |
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4.1 Market transactions and State aid |
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153 | (15) |
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4.2 Payment for goods and services |
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168 | (3) |
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4.3 Investments on market terms |
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171 | (10) |
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4.4 Sale of public assets |
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181 | (5) |
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186 | (7) |
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5 Compatibility of State Aid with the Internal Market |
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193 | (38) |
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5.1 Compatibility of State aid with the internal market |
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193 | (3) |
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5.2 Aid which is compatible with the internal market |
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196 | (7) |
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5.3 Aid which may be compatible with the internal market |
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203 | (14) |
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5.4 Aid which the Council determines to be compatible |
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217 | (1) |
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5.5 State aid, competition policy and the internal market |
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218 | (13) |
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6 Services of General Economic Interest |
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231 | (24) |
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6.1 Payment for services of general economic interest |
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231 | (14) |
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6.2 Compatibility of State aid under Article 106(2) TFEU |
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245 | (10) |
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Part II EUROPEAN STATE AID POLICY |
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7 Structure of EU State Aid Policy |
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255 | (25) |
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7.1 State aid in the European Union |
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255 | (5) |
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7.2 Structure of EU State aid policy |
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260 | (10) |
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7.3 Principles of EU State aid policy |
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270 | (10) |
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280 | (38) |
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8.1 Commission policy of regional aid |
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280 | (7) |
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8.2 Designation of assisted areas |
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287 | (2) |
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8.3 Block exemption for regional investment aid |
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289 | (5) |
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8.4 Compatibility criteria in the regional aid guidelines |
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294 | (5) |
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8.5 Notified regional investment aid schemes |
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299 | (4) |
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8.6 Notified individual regional investment aid |
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303 | (4) |
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8.7 Regional aid for large investment projects |
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307 | (5) |
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8.8 Regional operating aid schemes |
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312 | (3) |
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8.9 Regional urban development aid |
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315 | (3) |
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9 State Aid for Small and Medium-sized Enterprises |
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318 | (21) |
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9.1 Commission policy on State aid for SMEs |
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318 | (4) |
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322 | (1) |
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9.3 Aid for direct foreign investment |
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323 | (1) |
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9.4 SME aid for ancillary purposes |
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324 | (2) |
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9.5 Aid for risk finance investments in SMEs |
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326 | (13) |
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10 Training and Employment Aid |
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339 | (15) |
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10.1 Commission policy on training and employment aid |
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339 | (3) |
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342 | (4) |
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346 | (3) |
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10.4 Aid for employment of disadvantaged and disabled workers |
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349 | (5) |
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11 State Aid for Research and Development and Innovation |
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354 | (17) |
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11.1 Commission policy on aid R&D&I |
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354 | (4) |
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11.2 Compatibility criteria under the R&D&I framework |
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358 | (7) |
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11.3 Aid for R&D&I projects |
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365 | (2) |
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11.4 Aid for other categories of R&D&I activities |
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367 | (4) |
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12 State Aid for Environmental Protection |
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371 | (32) |
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12.1 Commission policy on State aid for environmental protection |
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371 | (5) |
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12.2 Compatibility criteria in the EEAG Guidelines |
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376 | (7) |
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12.3 Categories of aid for environmental protection |
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383 | (20) |
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13 Rescue and Restructuring Aid |
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403 | (25) |
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13.1 Commission policy on rescue and restructuring aid |
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403 | (6) |
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13.2 Compatibility criteria in the R&R guidelines |
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409 | (3) |
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412 | (2) |
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414 | (10) |
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13.5 Rescue and restructuring aid schemes for SMEs |
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424 | (4) |
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428 | (35) |
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428 | (1) |
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14.2 Agriculture, forestry and fisheries |
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429 | (5) |
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14.3 Broadcasting, media and communications |
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434 | (8) |
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442 | (3) |
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445 | (4) |
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449 | (2) |
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451 | (1) |
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452 | (2) |
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454 | (9) |
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15 State Aid and the Financial Crisis |
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463 | (30) |
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15.1 State aid and the financial crisis |
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463 | (7) |
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15.2 State guarantees for financial institutions |
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470 | (5) |
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15.3 Recapitalisation of financial institutions |
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475 | (7) |
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15.4 Impaired assets relief |
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482 | (4) |
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15.5 Restructuring of financial institutions |
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486 | (7) |
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Part III SUPERVISION AND ENFORCEMENT |
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16 Assessment of State Aid by the European Commission |
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493 | (84) |
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16.1 Supervisory control of State aid |
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493 | (8) |
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16.2 New and existing aid |
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501 | (12) |
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16.3 Notification of new aid |
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513 | (8) |
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16.4 Preliminary assessment of new aid |
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521 | (15) |
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16.5 Review of existing aid |
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536 | (4) |
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16.6 Preliminary assessment of unlawful aid and misuse of aid |
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540 | (12) |
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16.7 Formal investigation procedure |
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552 | (22) |
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574 | (3) |
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17 Recovery of Unlawful Aid |
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577 | (41) |
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17.1 Recovery of unlawful or misused aid |
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577 | (12) |
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17.2 Decisions ordering recovery of unlawful aid |
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589 | (14) |
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17.3 Infringement proceedings against Member States |
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603 | (15) |
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18 Enforcement in National Court Proceedings |
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618 | (43) |
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18.1 State aid in national court proceedings |
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618 | (13) |
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18.2 Direct effect of EU State aid law |
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631 | (6) |
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18.3 Challenges to validity of EU State aid decisions |
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637 | (5) |
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18.4 Recovery of unlawful aid |
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642 | (9) |
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18.5 Actions for restitution and damages |
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651 | (10) |
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Part IV JUDICIAL REVIEW OF EU STATE AID DECISIONS |
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19 Judicial Review of EU Decisions: Admissibility |
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661 | (71) |
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19.1 Actions for annulment of EU decisions |
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661 | (7) |
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668 | (7) |
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19.3 Reviewable decisions on State aid |
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675 | (10) |
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19.4 Review of failure to act |
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685 | (3) |
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19.5 Applicant's interest in judicial review proceedings |
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688 | (11) |
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19.6 Direct and individual concern |
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699 | (29) |
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19.7 Limitation periods for commencing proceedings |
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728 | (4) |
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20 Judicial Review of EU Decisions: Substance |
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732 | (53) |
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732 | (5) |
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20.2 Review of the Commission's assessment |
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737 | (7) |
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20.3 Statement of reasons |
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744 | (18) |
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20.4 Consequences of annulment |
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762 | (5) |
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767 | (18) |
Index |
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