The Limits of European State Aid Law : A Critical Account of the Acquis

This book explores the limits of State aid law within the European Union, offering a critical analysis of how key rules are interpreted. It focuses on when a measure qualifies as State aid and how its effects are identified and assessed. It will be useful to researchers of State aid law, competition law, economics and EU law.

This book explores the existing limits of State aid law within the European Union. By examining the State aid acquis, the book provides a critical analysis of interpretative approaches to two key areas essential to the functioning of the State aid control system: when a measure constitutes State aid and the identification and assessment of its effects. It argues that the perception of what law can realistically achieve is limited by the assumption that all processes are steerable and that lawmakers are entirely capable of achieving their results as long as they correctly identify causal links, as well as by an implied belief in the continued relevance of interpretative approaches even when they no longer fit evolving realities. The focus is on assessing how well-established interpretative approaches to Article 107 TFEU continue to function and whether they produce unintended consequences as economic conditions and forms of State interventionism evolve. It determines whether the identified limits of law are truly impassable in a complex environment and, where they are not, formulates realistic solutions to improve the functioning of the control system. The book will be of interest to researchers and practitioners in the field of State aid law, competition law, economics and EU law.