L’application du droit européen des aides d’État aux mesures de protection de l’environnement

Abstract : Environmental protection policies for European Union members usually create a need for public subsidies. They therefore fall within the scope of the rules of the founding treaties of the EU which prohibits state aid and organizes their control. In applying these rules an independent legal framework arises that subject the policies of the environmental protection to the open and free competition. The scope of this legal framework depends on the qualification of the measures of environmental protection with regards to the legal concept of state aid. This qualification is based on objective criteria, which, though not perfect, concludes that only market-based instruments for environmental protection are relevant for the control of the subsidies. The precise determination of the scope of the category of aid is, however, superseeded by the regular intervention of subjective factors allowing the institutions to choose when it comes to qualification. The impact of the legal framework needs to be considered against the environmental legislation of the EU. In theory this later could lead to harmonisation of competition in the internal market. In practice, however, its content triggers the law of state aid leading to a complex and sometimes conflicting relationship between those two sets of rules, while the discretionary exercise of the EU Commission’s power for the definition of the legal regime leads to a quasi-harmonisation of the environmental sector.
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Olivier Peiffert. L’application du droit européen des aides d’État aux mesures de protection de l’environnement. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0350⟩. ⟨tel-01751462⟩

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