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Unlimited Liability of State-owned Banks under the EC-Rules of State Aids

  • Book
  • © 1998

Overview

Authors:
  1. Ulrich Immenga

    1. Department of International and Foreign Business Law, School of Law, University of Göttingen, Göttingen, Germany

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  2. Joachim Rudo

    1. Bonn, Germany

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  • This book is the only publication which thoroughly examines aspects of the EC law of state aids as well as the practical role of credit ratings in Germany and their legal consequences.

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Table of contents (9 chapters)

  1. Front Matter

    Pages II-XII
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  2. Statement of the issue

    • Ulrich Immenga, Joachim Rudo
    Pages 1-2

  3. Institutional burden and guarantor liability as organizational concept of commercially active public institutions

    • Ulrich Immenga, Joachim Rudo
    Pages 3-35

  4. Applicability of Article 92 EC Treaty

    • Ulrich Immenga, Joachim Rudo
    Pages 37-43

  5. Institutional burden and guarantor liability as a subsidy?

    • Ulrich Immenga, Joachim Rudo
    Pages 45-72

  6. Institutional burden and guarantor liability as subsidies by virtue of refinancing advantages?

    • Ulrich Immenga, Joachim Rudo
    Pages 73-109

  7. Actual contributions of capital as a subsidy?

    • Ulrich Immenga, Joachim Rudo
    Pages 111-115

  8. Special features of the banking sector: Compatibility of subsidization “to relieve a major economic disturbance” (ART. 92,3 (C))

    • Ulrich Immenga, Joachim Rudo
    Pages 117-121

  9. Distortion of competition and impairment of international trade

    • Ulrich Immenga, Joachim Rudo
    Pages 123-128

  10. Summary

    • Ulrich Immenga, Joachim Rudo
    Pages 129-132

  11. Back Matter

    Pages 133-143
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Keywords

About this book

The applicability of EC law of state aids to the state`s unlimited liability for Savings Banks and "Landesbanken" is controversial. Legal and political discussions following the Maastricht-II-Treaty tend to assume that liabilities have to be qualified as state aids. However, as the liabilities in question derive from public ownership, they have to be distinguished from securities for corporate debts which might be qualified as state aids under EC law. In this context the book discusses state aids to public companies and the private investor test of the EC Court of Justice. The authors question the EC Commission`s concept to quantify refinancing advantages which are supposed to be achieved by virtue of public liability.

Authors and Affiliations

  • Department of International and Foreign Business Law, School of Law, University of Göttingen, Göttingen, Germany

    Ulrich Immenga

  • Bonn, Germany

    Joachim Rudo

Bibliographic Information

  • Book Title: Unlimited Liability of State-owned Banks under the EC-Rules of State Aids

  • Authors: Ulrich Immenga, Joachim Rudo

  • DOI: https://doi.org/10.1007/978-3-642-95858-8

  • Publisher: Springer Berlin, Heidelberg

  • eBook Packages: Springer Book Archive

  • Copyright Information: Springer-Verlag Berlin Heidelberg 1998

  • Softcover ISBN: 978-3-642-95860-1Published: 16 February 2012

  • eBook ISBN: 978-3-642-95858-8Published: 06 December 2012

  • Edition Number: 1

  • Number of Pages: XII, 142

  • Additional Information: Original German edition published by Nomos-Verlag, Baden-Baden, 1997.

  • Topics: Finance, general

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