Análisis jurídico de las garantías de las Administraciones Públicas en situaciones de crisis empresariales

Authors

  • MARCOS M. PASCUAL GONZÁLEZ

Keywords:

State guarantees, European Community Competition Law, private investor principle.

Abstract

The author analyzes the recent Communication of the European Commission to evaluate the compatibility of the guarantees of the national governments in case of company crisis in accordance with the article 87.1 TCE. For it are examined so much the guarantees borrowed individual form as offered ones in the frame of a regime of guarantee. The guarantee does not imply per se transference of resources, but that can take place if the situation of insolvency of the enterprises prevents from obtaining credits on financial markets without the assistance of the public Administrations. It is here where the private investor principle enters to determine the compatibility with the European Community Law.

Published

2009-04-28

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION