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The EU State aid regime, which contains a general prohibition on State aid and some exceptions, is guaranteed by a number of procedural rules which are aimed at ensuring the European Commission´s capacity of scrutiny over aid granted or planned to be granted by an EU Member State.
These rules have been developed from the case law of the EU Courts and the administrative practice of the Commission and have been codified in several regulations. Nowadays, procedural rules are laid down in the Regulation 2015/1589 (the Regulation) and its implementation Regulation 2015/2282.
The European Commission is responsible to apply the EU State aid rules on notification, approval and recovery of State aid. The nature of the State aid in question (notified, unlawful, misused or existing aid) will determine the procedure to be applied. Although the procedure regarding notified aid represents the basis and embeds the most relevant features to be applied to the other type of aids, the idiosyncrasies of each procedure should not be overlooked.
All new aid measures shall be notified to the European Commission in sufficient time by the Member State concerned. The notion of ‘sufficient time’ is rather unclear. However, it has been accepted that Member States must leave sufficient room for manoeuvre so as to enable the Commission to review the
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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