EU Domstolens fortolkning af konkurrencefordrejning IHT TEUF ART 107(1) i juridisk økonomisk perspektiv

Sabrina Siff Nicolai

Student thesis: Master thesis

Abstract

The subject of the thesis is distortion of competition pursuant to State Aid in the European Union (EU). There seems to be no official criteria’s according to, when a state aid measure distorts competition in the intercommunity in EU. Therefore, the thesis analyses the case law concerning State Aid and distortion of competition. To clarify the above mentioned, it must be derived how the European Court of Justice interpret the Treaty on the Functioning of the European Union (TFEU) art 107(1) pursuant to distortion of competition. By doing so, it is the assumption, that some of the criteria’s set by the European Court of Justice (ECJ) will be repeated in the period of time 1979-2013 in the Case law, and therefore can be used as some main criteria’s for, when State aid distorts competition in the European Intercommunity. It is observable that the ECJ is very careful in how to answer whether State Aid distorts competition in the European intercommunity. To derive the criteria’s from the ECJ, the case law from 1979 – 2013 is analysed. Thereby the criterias for distortion of competition pursuant to state aid is established. To verify whether the law is efficient, the perspectives of Law & Economics will be analysed by using efficiency and game theory. By including efficiency theory and game theory, it is established that the law is inefficient. This is analysed in hypothesis I and II in the economic chapter. Hypothesis I shows that the states do not have the incentives to coorporate with the European regulation. Hypothesis II shows that because of those missing incentives the efficiency equilibrium is not consistent with the preferable equilibrium according to TFEU art 107(1), according to distortion of competition and the European Union. Finally, the legal and economic elements are used in a legal political analysis to make a proposal to the law. The analysis indicates that the causality between the law and the inefficiency is asymmetric information between the State and the Union.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2013
Number of pages184