The purpose of the article is to analyse the admissibility of granting state aid in the European Union from the perspective of meeting the Treaty condition for the use of public resources. The ...category "granted by a Member State or through state resources", involves two different tests, which have been only further developed and specified in the most recent case law. Unfortunately, the case law and legal commentaries have not always drawn a clear distinction between these two levels. Firstly, it is necessary to ascertain whether the measure is "imputable" to the Member State. The second part of the double test involves ascertaining whether the measure in question leads to a burden on the state budget. This criterion too derives from the language of Article 107 par. 1 of the Treaty on the Functioning of the European Union (TFEU) and the necessity of restricting the definition of the term "State aid". This division will be maintained to the extent in this paper.(original abstract)
From the economic point of view relating to State interventionism, it ought to be noted that State aid can be a justified action mainly because of social prosperity if the free competition market ...mechanism does not bring satisfactory results. The major criterion for providing State aid should be rationality, which is the highest determinant of the admissibility of using aid measures. The aim of the article is to analyse the conditions of admissibility of State aid in the European Union, taking into account the rules applicable to the obligation to notify and authorize State aid. Article 108 TFEU contains rules on the procedural aspects of State aid control and thus complements the substantive rules contained in Article 107 TFEU. Until the Treaty of Lisbon, Article 108 TFEU had never been amended. The procedure of State aid control constitutes a special procedure that deviates from the general procedures of monitoring the compliance with the European Union law.
The purpose of the article is to demonstrate the acceptability of State aid in the EU member states, with particular regard to implementation regulations adopted by the European Commission in 2008 ...and 2014 on State aid provided on the basis of block exemptions. Applying this principle makes it possible to release the Member States from the obligation to notify the Commission of numerous state aid measures. The implementation of the General Block Exemption Regulation (GBER) has been one of the major components of the reform of the State aid system undertaken by the Commission in the recent years.
The concept of service of general economic interest (SGEI) is an evolving notionthat depends, among other things, on the needs of citizens, technological and marketdevelopments and social and ...political preferences in the Member State concerned. It transpiresfrom Article 106(2) of the Treaty that undertakings entrusted with the operationof SGEIs are undertakings entrusted with ‘a particular task’. Generally speaking, theentrustment of a ‘particular public service task’ implies the supply of services which,if it were considering its own commercial interest, an undertaking would not assumeor would not assume to the same extent or under the same conditions. Based on Article107(1) of the Treaty, the State aid rules generally only apply where the recipient is an ‘undertaking’.Whether or not the provider of a service of general interest is to be regarded asan undertaking is therefore fundamental for the application of the State aid rules.
Motivation: On a macroeconomic scale, competitiveness is conditioned by both the actions of institutions at the central level, decisions taken by the legislative and executive authorities, as well as ...the potential of entrepreneurship, which is diversified depending on the level of socio-economic development of society. In turn, the economic, legal and administrative environment created by the state has a significant influence on the possibilities and way of conducting economic activity, because this environment shapes the external factors of the enterprises competitiveness. Aim: The purpose of this article is the legal-economic analysis regarding advertising of pharmacies and their activities, taking into account a broad spectrum of doctrinal and jurisdiction views. The subject of the analysis is the function and significance of advertising as shaping the potential of enterprise competitiveness in the context of pharmacy activity. The article uses the method of legal regulation analysis. Results: Taking into account the admissibility of the statutory limitation of the principles of shaping an enterprise competitiveness potential, the necessity should be emphasized of correct interpretation of the law, taking into account the objectives of the introduced restriction and applying only a proportional and adequate mechanism for sanctioning its infringements. In the context of the activities of pharmacies, as public health care facilities, the above remarks have special significance. The undisputed supremacy of the public purpose of a pharmacy activity can not deny the importance of an economic goal as the basic mechanism of an enterprise activity, the achievement of which is an economic guarantee of the public purpose implementation.
The purpose of the article is to analyse the admissibility of granting state aid in the European Union from the perspective of meeting the Treaty condition for the use of public resources. The ...category “granted by a Member State or through state resources”, involves two different tests, which have been only further developed and specified in the most recent case law. Unfortunately, the case law and legal commentaries have not always drawn a clear distinction between these two levels. Firstly, it is necessary to ascertain whether the measure is “imputable” to the Member State. The second part of the double test involves ascertaining whether the measure in question leads to a burden on the state budget. This criterion too derives from the language of Article 107 par. 1 of the Treaty on the Functioning of the European Union (TFEU) and the necessity of restricting the definition of the term “State aid”. This division will be maintained to the extent in this paper.
State aid according to Article 107 par. 1 TFEU brings economic advantage to certain enterprises or productions of certain goods, excluding others. In other words, the given measure cannot be regarded ...as State aid, if it does not bring any benefits to the addressed entity. State aid may therefore be described as the selective increment of financial benefits to an enterprise or a group of enterprises, which at the same time is accompanied by formation of a financial burden on the side of public finances. This burden may be in the form of public spending to enterprises or reducing the regulatory burdens imposed on the enterprises. In the first case it will be aid provided by active support mechanisms, such as grants, interest rate subsidies on bank credits, refunds, preferential and conditionally discharged loans, sureties, and credit guarantees. In the second case it will be the aid provided by tax exemptions and tax deferrals (tax subsidies), the conversion of enterprise debt to capital, or postponing the payment of specific public contributions. The subject of the article is to present the conditions of admissibility of State aid in the European Union. This should lead to verify the hypothesis of the influence of State aid on the state of public finance in EU Member States which provided State aid in the form of grants and tax subsidies in the years 2000–2016. This analysis is carried out based on the linear regression model. The response variable (dependent variable Y) is the size of the general government sector debt, and explanatory variable (independent variable X) is state aid in the form: 1) grants; 2) tax exemptions and tax deferrals. In the other words, the hypothesis highlights that State aid in the form of grants and tax subsidies, in respect to the whole European Union and particular Member States, should be positively correlated with the size of the general government sector debt. Results: The conducted analysis of regression indicated that State aid in the form of grants and tax subsidies (tax exemptions + tax deferrals) and the size of the general government sector debt are linearly dependent – respectively regarding 22 and 14 Member States, which in the years 2000–2016 provided State aid in these forms. Key words: State aid, the European Union, grants, tax subsidies, general government sector debt
The aim of this article is to present the conditions of admissibility of state aid in the European Union, with particular emphasis on state aid in the aviation sector. Source
research in this field ...was carried out on the basis of the Treaty on the functioning of the European Union, the case law of the Court of Justice and secondary legislation. It is intended to verify the statement that − due to the fulfillment of the Lisbon Agenda and Europe 2020 strategy guidelines on state aid – the value of sectoral aid for enterprises in the aviation sector has been growing, while the principle of limited state aid has been maintained. As a result, state aid in the air transport sector has currently the largest share of total aid for the transport sector in the European Union. This thesis has not been proven.
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