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State Aids and Environmental Protection: Time for Promoting the Polluter-Pays Principle

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Author(s): de Sadeleer, Nicolas

Journal: Nordisk Miljörättslig Tidskrift
ISSN 2000-4273

Volume: 2012;
Issue: 1;
Start page: 3;
Date: 2012;
Original page

Keywords: polluter pays principle | state aids

ABSTRACT
The prohibition of State aids under Article 107 TFEUdid not prevent the Commission to develop its ownvision of a well-tailored State aid policy regardingthe protection of the environment. However, grantingof State aids to undertakings is likely to impingeboth positively and negatively on environmentalpolicies. Moreover, State aids are not only distortingcompetition, but they may also run counter thepolluter pays principle enshrined in Article 192(2)TFEU. It is the aim of this article to explore someof the key issues arising in the implementation ofTreaty provisions and secondary law. Particular attentionis drawn to the allocation of emission allowancesfree of charge and to tax exemption regimes.

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Tangokurs Rapperswil-Jona

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