Otillåtet statsstöd gällande kommunal överlåtelse av offentlig mark och byggnader - EU:s statsstödsregler och dess påverkan på den kommunala kompetensen
Sammanfattning: EU’s State Aid rules are a part of the EU law that have had great influence in the competition politics amongst the member states of the EU. Sweden has been highly affected by these rules during its 25 years membership in the EU, and it is affecting the ability for the municipalities to sell public land or buildings to private actors. This thesis is going to mainly focus on the unauthorized transfer of public land and buildings that is to be against the EU state aid regulations. In Sweden, the State Aid regulations have had minimal effect in the law and have not been fully comparable with the regulations of the Municipality Act. Therefore, it is found that there are some confusions when State Aid is illegal or legal. This thesis have used several court cases that have been brought in Sweden and by the European Court of Justice. It is shown that Sweden and the EU are taking different boundaries on the issue, which makes it simple to discover a dispute. A reason for this commotion is because the Swedish courts do not recognize the connection between the State Aid rules with the Swedish Municipality Act.
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