This course aims to provide students with a comprehensive overview of the EU/EEA State aid rules and their application to state interventions that amount to aid within the meaning of Articles 107(1) TFEU and 61(1) EEA, respectively. A company which receives government support gains an advantage over its competitors. Therefore, the EU Treaty and the EEA Agreement generally prohibit State aid unless it is justified by reasons of general economic development. To ensure that this prohibition is respected and exemptions are applied equally across the EU/EEA, the European Commission and the EFTA Surveillance Authority (ESA) are in charge of ensuring that State aid complies with EU/EEA rules.
EU/EEA State aid rules are an essential component of EU/EEA competition law. State aid control has considerably gained in importance since the 1980s, and the ongoing COVID-19 crisis has one more time confirmed the importance of ensuring that the Member States may support companies in a way that does not undermine the internal market. The practical importance of State aid rules was well demonstrated already in the wake of the financial crisis in 2008. National support to the financial sector between October 2008 and 31 December 2011 amounted to 1.6 trillion (13% of EU GDP). Other non-crisis and sectoral aid measures came to EURO 67.2 billion (0.52% of EU GDP) in 2013 alone.
Indeed, contrary perhaps to popular belief, State aid law is not only about preventing EU/EEA Member States from granting aid that is incompatible with the internal market - it is first and foremost about granting aid that is compatible with the internal market. Such aid is justified when it corrects market failures and/or targets sustainable growth-enhancing policies without adversely affecting trading conditions to an extent contrary to the common interest. Typical examples of ¿good aid¿ are aid to energy and environmental protection, regional development, combating unemployment, promoting innovation, research and development, allowing small and medium undertakings (SMEs) to apply for bank loans on preferential terms, and, certainly, aid to companies suffering from the consequences of the COVID-19 outbreak.
Importantly, State aid is subject to approval by the Commission (EU Member States) or ESA (Norway, Iceland and Liechtenstein). Aid that is granted in breach of State aid rules must, as a rule, be repaid by the beneficiary company. In the worst case, this may lead to a bankruptcy of the beneficiary in question.
This course is designed to provide students with a thorough analysis of the most relevant aspects of State aid law, including but not limited to the following aspects:
By the end of the course, the students will have acquired a thorough knowledge of material EU/EEA State aid law and case-law.
In particular, the students will be able to:
The students will also be able to find and use the relevant practice form the EU Courts and the EFTA Court as well as the Commission and ESA decision-making practice.
3 years of law studies.
Good level of English language.
The course is available for the following students:
The pre-requirements may still limit certain students' access to the course
Spring 2022 4 hour school exam only.
Home exam (paper), constituting 25% of the final grade
4 hour digital school exam, constituting 75% of the final grade. The students will have to answer one theoretical question and provide an analysis of a case raising State aid issues. During the course students will learn how to approach such assignments.
Information about digital examination can be found here:
Exam language:
Support materials allowed during school exam
See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
Special regulations about dictionaries
Administrative contact: elective.courses.jurfa@uib.no
Course supervisor: Associate professor Malgorzata Agnieszka Cyndecka.