Vybrané otázky veřejné podpory

Abstract

State aid law is one of the most important categories of the competition law in the European Union. The state as such has an unprecedented advantage compared to other competitors: the state disposes of a huge amount of funds which could be easily distributed in favor of the privileged undertakings. The risk of the distorting effect on competition is high; thus, strict rules are necessary. The thesis is divided into four parts: introduction, the general part, specific provisions and the conclusion. Part two of the thesis is dedicated to the general provision. Section 2.1 deals with the term "state aid", describes the main criteria for qualification of the aid as a state aid incompatible with the internal market. I also focused on two judgments of the Tribunal which I considered important for the used argumentation. Substantial efforts were dedicated to the analysis of the private investor principle in paragraph 2.1.1 of the thesis. I am of the opinion that this principle helps substantially in the course of analysis whether the aid scheme distorts or threatens the competition; it means that only such approach which is not in line with the standard market behavior is illegal. On the other hand, the private investor principle does not mean that the investor is forced to looking for the quickest way to...