Resumé
| Originalsprog | Engelsk |
|---|---|
| Tidsskrift | European State Aid Law Quarterly |
| Vol/bind | 16 |
| Udgave nummer | 2 |
| Sider (fra-til) | 164-180 |
| ISSN | 1619-5272 |
| DOI | |
| Status | Udgivet - 2017 |
Emneord
- Exclusive rights
- Services directive
- Organisation of markets
- Competitive procedure
- Compensation
- Fee
Citer dette
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Exclusive Rights and State Aid. / Ølykke, Grith Skovgaard.
I: European State Aid Law Quarterly, Bind 16, Nr. 2, 2017, s. 164-180.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › peer review
TY - JOUR
T1 - Exclusive Rights and State Aid
AU - Ølykke, Grith Skovgaard
PY - 2017
Y1 - 2017
N2 - Exclusive rights are granted in order to regulate markets as one of several possible tools of public intervention. The article considers the role of State aid law in the regulation of exclusive rights. Whereas the right of Member States to organise markets as monopolies and the choice of provider are regulated by free movement rules and Article 106 TFEU, State aid law regulates the terms of the right to ensure that the beneficiary is not granted an economic advantage. Exclusive rights may be granted on various terms: for a payment, in combination with compensation or as compensation. The two former kinds of terms are regulated under State aid law which requires market terms. The granting of exclusive rights as compensation is analysed on the basis of the Eventech judgment, and it is found that when no financial transaction is included in the grant, it resembles a decision to organise a market through exclusive rights which could explain the CJEU’s somewhat ambiguous approach in Eventech.
AB - Exclusive rights are granted in order to regulate markets as one of several possible tools of public intervention. The article considers the role of State aid law in the regulation of exclusive rights. Whereas the right of Member States to organise markets as monopolies and the choice of provider are regulated by free movement rules and Article 106 TFEU, State aid law regulates the terms of the right to ensure that the beneficiary is not granted an economic advantage. Exclusive rights may be granted on various terms: for a payment, in combination with compensation or as compensation. The two former kinds of terms are regulated under State aid law which requires market terms. The granting of exclusive rights as compensation is analysed on the basis of the Eventech judgment, and it is found that when no financial transaction is included in the grant, it resembles a decision to organise a market through exclusive rights which could explain the CJEU’s somewhat ambiguous approach in Eventech.
KW - Exclusive rights
KW - Services directive
KW - Organisation of markets
KW - Competitive procedure
KW - Compensation
KW - Fee
KW - Exclusive rights
KW - Services directive
KW - Organisation of markets
KW - Competitive procedure
KW - Compensation
KW - Fee
UR - https://sfx-45cbs.hosted.exlibrisgroup.com/45cbs?url_ver=Z39.88-2004&url_ctx_fmt=info:ofi/fmt:kev:mtx:ctx&ctx_enc=info:ofi/enc:UTF-8&ctx_ver=Z39.88-2004&rfr_id=info:sid/sfxit.com:azlist&sfx.ignore_date_threshold=1&rft.object_id=1000000000210690
U2 - 10.21552/estal/2017/2/5
DO - 10.21552/estal/2017/2/5
M3 - Journal article
VL - 16
SP - 164
EP - 180
JO - European State Aid Law Quarterly
JF - European State Aid Law Quarterly
SN - 1619-5272
IS - 2
ER -