State Aid in the European Union Competition Policy in the Context of the Financial Crisis

Authors

  • Krzysztof Rutkiewicz Wrocław University of Environmental and Life Sciences

DOI:

https://doi.org/10.12775/EQUIL2011.019

Keywords:

state aid, competition policy, financial crisis, European Union

Abstract

The main subject of the paper is the issue of granting state aid discussed from the point of view of the most important changes in the European Union competition policy as a result of the global financial crisis. The author makes a review of state aid related to the financial crisis in the European Community. The article includes a detailed description of reasons for the economic interventions which has been designed and taken by the Member States in the form of various schemes, plans and objectives. The directions of the main changes in the structure of state aid granted to the financial institutions in absolute and relative terms are shown. It was essential to notice the significant European Commission?s role ensuring that large support schemes for the financial sector will be implemented in compliance with the state aid rules and do not create undue distortions of competition. The paper contains numerous legal materials, including primary and secondary legislation, as well as European case law. The author also relied on the literature and articles on the notified state aid connected with the financial services sector and banking crisis.

Downloads

Download data is not yet available.

References

Bacon K. (1997), State aids and general measures, ?Yearbook of European Law?, Vol. 17, No. 1.
Communication from the Commission. The application of the state aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis (2008), Official Journal C 270, 5.10.2008.
Communication from the Commission. The recapitalization of financial institutions in the current financial crisis: limitation of the aid to the minimum necessary and safeguards against undue distortions of competition (2009), Official Journal C 10, 15.1.2009.
Communication from the Commission on the Treatment of Impaired Assets in the Community banking sector (2009), Official Journal C 72, 26.3.2009.
Communication from the Commission on the return to viability and the assessment of the restructuring measures in the financial sector in the current crisis under the state aid rules (2009), Official Journal C 195, 19.8.2009.
Communication from the Commission to the European Parliament and the Council. Long-term sustainability of public finances for a recovering economy (2009), Commission of the European Communities, Brussels 14.10.2009.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Central Bank. An EU framework for crisis management in the financial sector (2010), European Commission, Brussels 20.10.2010.
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union (2010), Council of the European Union, Brussels 28.05.2010.
Craig P., de Burca G. (2008), EU Law: Text, cases and materials, Oxford University Press.
Directive 2000/28/EC of the European Parliament and of the Council of 18.09.2000 amending Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions (2000), Official Journal L275, 27.10.2000.
EU competition policy and the consumer (2004), Office for Official Publications of the EC, Luxembourg.
Kocoglu E. (2009), State aid in the financial services sector and the implications of the recent financial crisis, Lund University.
Nicolaides P., Kekelekis M. (2004), An assessment of EC state aid policy on rescue and restructuring of companies in difficulty, ?European Competition Law Review, Vol. 25, No. 9.
Schina D. (1987), State aids under the EEC Treaty articles 92 to 94, ESC Publishing Limited, Oxford.
Staff working paper on the application of state aid rules to government guarantee schemes covering bank debt (2010), European Commission, Brussels 30.04.2010.
State aid scoreboard. Autumn 2008 update. Report from the Commission (2008), Commission of the European Communities, Brussels 17.11.2008.
State aid scoreboard. Spring 2009 update. Report from the Commission (2009), Commission of the European Communities, Brussels 08.04.2009.
State aid scoreboard. Autumn 2010 update. Report from the Commission (2010), European Commission, Brussels 01.12.2010.
Temporary Community framework for state aid measures to support access to finance in the current financial and economic crisis (2009), Official Journal C 16, 22.1.2009.
The UK financial services sector: Rising to the challenges and opportunities of globalization (2005), M2 Presswire, 22.03.2005.
Vademecum. Community law on state aid (2008), Directorate General for Competition, European Commission.

Downloads

Published

30-09-2011

Issue

Section

The State and the Crisis

How to Cite

Rutkiewicz, K. (2011). State Aid in the European Union Competition Policy in the Context of the Financial Crisis. Equilibrium. Quarterly Journal of Economics and Economic Policy, 6(3), 43-58. https://doi.org/10.12775/EQUIL2011.019

Similar Articles

1-10 of 371

You may also start an advanced similarity search for this article.