State Aid for the Coal Sector – Inevitable or Dispensable?

My article “State Aid for the Coal Sector – Inevitable or Dispensable?” has just been published in European State Aid Law Quarterly (EStAL). The article is much more comprehensive that what I can put in a blog post.

EStAL is  recognized as the leading pan-European publication for State aid law. Its philosophy is to serve as a forum for open dialogue and reflection on State aid law and policy for and between academics, judges, Commission and Member States officials and private practitioners.

The article deals with state aid in particular for the German hard coal industry, against the background of recent changes in the European coal sector state aid law regime. To this end it describes the legal situation under Council Regulation 1407/2002/EC of 23 July 2002 on State aid to the coal industry, which allowed Member States to grant aid to the coal industry under certain conditions and which expired on 31 December 2010. The article then deals with changes resulting from the adoption of Council Decision 2010/787/EU on 10 December 2010 (Coal Decision), which gives Member States the possibility to grant State aid for the closure of uncompetitive coal mines provided they form part of a closure plan the deadline of which does not extend beyond 31 December 2018 and for exceptional costs related thereto. Furthermore, the article discusses and evaluates alternatives to the Coal Decision.

Source: European State Aid Law Quarterly 1/2012, page 113 et seq.

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