Essential economic services and state aid: a cross-sectoral analysis

Kreutzmann-Gallasch, Antje (2017) Essential economic services and state aid: a cross-sectoral analysis. Doctoral thesis, University of East Anglia.

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Abstract

This thesis focuses on the European approach to essential services post liberalisation, contributing the following: firstly, it argues that the European conceptual framework is unnecessarily complex and partially outdated. Secondly, a legal analysis shows that general State aid rules are insufficient to protect essential services; thirdly, a more flexible approach than Altmark is needed to reduce the negative effects of State aid. Fourthly, State aid is used to achieve public policy goals in the energy sector instead of creating a level playing field.
Liberalisation of network industries has been a European policy goal for decades. Different concepts ensuring access to essential services were established. This thesis assesses the legal frameworks and concludes the distinction that is made is unnecessary. Assessing the scope of essential services in telecommunications and post shows the need for revision due to societal and technological changes. Having to provide essential services can place a significant financial burden on undertakings and may require external compensation through special mechanisms that are often contained in European secondary legislation. Interestingly, preference is given to the general State aid rules although they provide insufficient protection to essential services. A case study of Commission State aid decisions, scrutinising compensation mechanisms in telecommunications and post, highlights that the Altmark test, which needs to be satisfied for external compensation to be lawful, is not suitable for all sectors. Furthermore, having examined the relation between Altmark and Article 106(2) TFEU (and the SGEI Framework), this thesis advocates for the introduction of a more flexible approach to reduce the negative effects of State aid.
The thesis discusses the Commission’s use of State aid as regulatory tool in energy; using it to control the way in which Member States seek to fulfil their renewable obligations. It addresses how public policy objectives are balanced against competition objectives.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Zoe White
Date Deposited:	20 Jun 2025 14:01
Last Modified:	20 Jun 2025 14:01
URI:	https://ueaeprints.uea.ac.uk/id/eprint/99656
DOI:

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