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State Aid and the Competitiveness of European Firms

Par : Type de matériel : TexteTexteLangue : français Détails de publication : 2007. Sujet(s) : Ressources en ligne : Abrégé : Against the backdrop of the objectives of the Lisbon Treaty, this paper examines the obstacles faced by European operators when non-EU operators receive subsidies granted by non-EU states. The paper also considers possible solutions that serve the worldwide competitiveness of EU operators. To this effect, the possibilities of both multilateral and of unilateral action are analyzed, in particular compensatory and temporary counter-measures. In addition, an account is given of the actions affected enterprises may take in response within the EU legal system. The difficulties encountered by European operators are not necessarily due to the absence or the complexity of the commercial protection rules provided for by international trade law. Rather, the EU must use the existing international legal instruments provided by the WTO more energetically in order to limit the harmful effects of financial or other subsidies granted by foreign authorities to their companies. In addition to litigating its case, the EU must use its economic and political weight to achieve an improvement in the national and international rules regarding state aid. In any event, a more aggressive use of the WTO system will require a change of mindset by national and Community leaders as well as by European operators in order to better understand how the WTO functions and what opportunities it offers for an effective defense of their interests in a competitive world.
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Against the backdrop of the objectives of the Lisbon Treaty, this paper examines the obstacles faced by European operators when non-EU operators receive subsidies granted by non-EU states. The paper also considers possible solutions that serve the worldwide competitiveness of EU operators. To this effect, the possibilities of both multilateral and of unilateral action are analyzed, in particular compensatory and temporary counter-measures. In addition, an account is given of the actions affected enterprises may take in response within the EU legal system. The difficulties encountered by European operators are not necessarily due to the absence or the complexity of the commercial protection rules provided for by international trade law. Rather, the EU must use the existing international legal instruments provided by the WTO more energetically in order to limit the harmful effects of financial or other subsidies granted by foreign authorities to their companies. In addition to litigating its case, the EU must use its economic and political weight to achieve an improvement in the national and international rules regarding state aid. In any event, a more aggressive use of the WTO system will require a change of mindset by national and Community leaders as well as by European operators in order to better understand how the WTO functions and what opportunities it offers for an effective defense of their interests in a competitive world.

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