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Malgorzata Cyndecka
Market Economy Investor Test in EU State Aid Law: Applicability and Application
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1768112Market Economy Investor Test in EU State Aid Law: Applicability and Applicationhttps://www.gandhi.com.mx/market-economy-investor-test-in-eu-state-aid-law-applicability-and-application-1/phttps://gandhi.vtexassets.com/arquivos/ids/393363/36601527-b6c9-4ad1-bc7c-0e68ff628888.jpg?v=63833451530110000045565062MXNWolters KluwerInStock/Ebooks/<p>For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned.This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the tests misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following;- What characterizes a prudent investor?- When is it justified to consider a given public investor rational or reasonable?- How should too economic or commercial soundness of state interventions be understood?- What rate of return is required under the MEIP and how is it calculated?- When should the profitability analysis be undertaken and why?The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commissions guidelines explaining the tests mechanism. Soo considers the various critiques of the test and concludes with proposals for change.Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too books systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.</p>1740031Market Economy Investor Test in EU State Aid Law: Applicability and Application45565062https://www.gandhi.com.mx/market-economy-investor-test-in-eu-state-aid-law-applicability-and-application-1/phttps://gandhi.vtexassets.com/arquivos/ids/393363/36601527-b6c9-4ad1-bc7c-0e68ff628888.jpg?v=638334515301100000InStockMXN99999DIEbook20169789041183408_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_<p>For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned.This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the tests misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following;- What characterizes a prudent investor?- When is it justified to consider a given public investor rational or reasonable?- How should too economic or commercial soundness of state interventions be understood?- What rate of return is required under the MEIP and how is it calculated?- When should the profitability analysis be undertaken and why?The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commissions guidelines explaining the tests mechanism. Soo considers the various critiques of the test and concludes with proposals for change.Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too books systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.</p>9789041183408_Wolters Kluwerlibro_electonico_4ebfdec3-1cd5-3488-a3ca-88661ef9ecdd_9789041183408;9789041183408_9789041183408Malgorzata CyndeckaInglésMéxicohttps://getbook.kobo.com/koboid-prod-public/gardnersspecialist-epub-4e60b1ac-2ea7-4b1a-a624-1a47bcec5a2d.epub2016-05-05T00:00:00+00:00Wolters Kluwer