State aid supervision and enforcement in Sweden
2006 (English)In: Europarättslig Tidskrift, Vol. 9, no 4, 622-643 p.Article in journal (Other academic) Published
EC state aid law has only to a limited extent been made subject to specific national legislation in Sweden. Regulation on state aid issues must primarily be sought in generally applicable legislation governing the functions of the state and of local and regional municipalities. In spite of the high level of transparency inherent in the Swedish system, the combined complexity of EC state aid law and Swedish national law is immense, a situation which effectively discourages supervision and enforcement. There have only been a few state aid cases in Swedish courts, all of them based on private enforcement since there is no national supervision and enforcement agency. As will be set out in detail in this report, increased efficiency of state aid control in Sweden can be based on improved public enforcement through establishment of an independent national state aid authority, in combination with increased private enforcement. However, private enforcement is only possible if there are remedies in terms of procedural guarantees for competitors and other concerned parties who seek access to court, and at present the national remedies are manifestly inadequate. Finally, an analysis of state aid judgments in Swedish courts demonstrates a need to offer state aid law training to national judges.
Place, publisher, year, edition, pages
2006. Vol. 9, no 4, 622-643 p.
Law and Society
IdentifiersURN: urn:nbn:se:su:diva-19947OAI: oai:DiVA.org:su-19947DiVA: diva2:186472