The article examines the conformity of the EC State aid rules with the World Trade Organization (WTO), more precisely, the Agreement on Subsidies and Countervailing Measures (ASCM) Firstly, it addresses the hypothesis that EC State Aid rules, as interpreted and applied by the European Commission and European Court of Justice (ECJ), may pose problems of legal compability with the provision of ASCM , in particular as regards the notion of subsidy and State Aid and the different types of measures that may be permitted or prohibited in one or the other systems. Therefore, if it is reasonably possible to conclude that the EC State Aid rules could be in conflict with the ASCM obligations, the effects of this conflict will be detailed in the paper.
Squaratti, V., The double track: EC State Aids and WTO provisions intersection, in Dordi, C. (ed.), The Absence of Direct Effect of WTO Law in the European Community Legal System and in Other Countries, Giappichelli Editore, Torino 2010: 166- 185 [http://hdl.handle.net/10807/29142]
The double track: EC State Aids and WTO provisions intersection
Squaratti, Vera
2010
Abstract
The article examines the conformity of the EC State aid rules with the World Trade Organization (WTO), more precisely, the Agreement on Subsidies and Countervailing Measures (ASCM) Firstly, it addresses the hypothesis that EC State Aid rules, as interpreted and applied by the European Commission and European Court of Justice (ECJ), may pose problems of legal compability with the provision of ASCM , in particular as regards the notion of subsidy and State Aid and the different types of measures that may be permitted or prohibited in one or the other systems. Therefore, if it is reasonably possible to conclude that the EC State Aid rules could be in conflict with the ASCM obligations, the effects of this conflict will be detailed in the paper.
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