par Merola, Massimo 
Président du jury Waelbroeck, Denis
Promoteur Van Waeyenberge, Arnaud
Co-Promoteur Joris, Tony
Publication Non publié, 2024-11-07
Président du jury Waelbroeck, Denis
Promoteur Van Waeyenberge, Arnaud
Co-Promoteur Joris, Tony
Publication Non publié, 2024-11-07
Thèse de doctorat
| Résumé : | This dissertation examines the EU's public competition law remedies, focusing on State aid. It advocates for comprehensive reform to address inefficiencies and align, at least partially, with the foreign subsidies regulation’s system of remedies.The current State aid system of remedies is outdated, does not provide effective deterrence, is often insufficient to address the competitive distortions caused by the aid and fails to address conflicts between Member States and aid beneficiaries. Beneficiaries are also excluded from administrative procedures, undermining their rights.The proposed reform aims to address all the shortcomings of the present system, including by clarifying key concepts, such as "restoring the status quo ante” (defining what it means to revert to the pre-aid situation), the amount to be recovered, and absolute impossibility. The proposed reform also addresses ancillary remedies and leverages on a combination of public enforcement and private enforcement. In the field of private enforcement, it advocates for the adoption of a harmonization directive to frame the application of the procedural autonomy principle.The analysis is based on a twofold perspective, combining historical and conceptual factors, including by reference to the modernisation process, to highlight the need for reform and address inconsistencies.In conclusion, the document calls for urgent, comprehensive reform of the EU's State aid system of remedies, incorporating both hard and soft law instruments, clarifying key concepts, and harmonising with foreign subsidies law to enhance policy coherence and effectiveness. |
