The Market Economy Investor Test in EU State Aid Law

Download or read book The Market Economy Investor Test in EU State Aid Law written by Małgorzata Cyndecka and published by Kluwer Law International. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Dual Capacity of State and the MEIP --AG Lenz's View on the Applicability of the MEIP --Hytasa: Making a Distinction between the Two Capacities of the State --The Relation between the Fulfilment of Obligations, Which the State Assumed as a Public Authority, and the Exercise of Public Powers --The Applicability of the MEIP Post-EDF --The Applicability of the MEIP to Measures That Were Adopted in Relation to the 2008 Financial Crisis --The Applicability of the MEIP to the Financing of Services of General Economic Interest --Preliminary Remarks --Economic and Non-economic Objectives Pursued by a Public Investor --From Whose Perspective Should One Verify the Profitability of a State Intervention? --What Rate of Return Is Required under the MEIP and How to Calculate It? --In Search of the 'Right' Benchmark of the MEIP in a Given Case --When Should the Profitability Analysis Be Undertaken and Why? --The Test of Concomitance under the MEIP --The MEIP and Its Subtypes --The Judicial Review of Cases concerning the MEIP --Criticism of the MEIP --Conclusions.