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导读：怎么写国际商务管理的商业案例assignment？文章讲述的是实际的商业案例，通过该报告对欧洲的国家援助提供了相对清晰的介绍，有助于在一定程度上理解竞争法。 国际公司可能在其他国家遇到各种各样的条件，在基础合理的情况下，可能会在某些关键条件下寻求当地政府的帮助。
GM Europe needs the state aid to survive
1.0Introduction 介绍
通用汽车欧洲公司是世界上最着名的汽车公司之一，他们呼吁欧洲各国政府的国家援助，包括2009年英国的帮助。一家国际公司利用自己的优势和某些国家与社会经济的关系，寻求国家援助在某些情况下摆脱商业困境。国家商业法中的国家援助旨在帮助一些重要企业在一段时间内摆脱困境，在一定程度上有助于社会和经济的发展和稳定。国家援助是全球化趋势的产物，可以促进世界经济的快速发展。本报告将重点关注通用汽车欧洲公司详细讨论国家援助的案例。General Motors Europe is one of the most famous car companies in the world, who called for the state aid of the governments in Europe, including the help of the Great Britain in 2009. It is sensible for an international company to employ its own advantages and the relationship with the social economy of a certain country to seek for the state aid to get out of the business trouble in some circumstances. The state aid in the international business law intends to help some important corporations to get rid of trouble in a serious period of time, which can contribute to the development and the stability of the society and economy to some extent. The state aid is the production of the globalization trend, which can promote the fast development of the whole economy in the world. This report will focus on case of the GM Europe company to discuss the state aid in detail.
2.0Thestate aid援助
2.1 The overview on the state aid国家援助概况
国家援助是帮助一些企业摆脱不利经营条件的一种援助方式，它被定义为国家公共部门根据对企业的选择标准赋予的各种形式的优势。这种协助方法不适用于已授予一般措施或向所有公司开放的个人的补贴（Ojugo，2010年）。
国家援助的措施有一些明显的措施。首先，这些措施必须由某个国家进行干预，或者这些措施以各种形式利用了国家的资源，例如税收减免、赠款、担保、政府持有一个公司的一部分或全部，或者根据优惠条款提供商品和服务等（loc科伍德，2012）。第二，在选择性条款的基础上，干预措施为受援国提供了有利条件，例如对特定公司或行业的特定部门，或对位于某些特定区域的公司。第三，正常的商业竞争已经或可能被破坏。第四，干预措施可能影响国家成员之间的正常贸易。
The state aid is a kind of assisting method to help some corporations out of the adverse business conditions, which has been defined as a kind of advantage in all forms whatsoever conferred on the basis of the selective criteria to undertakings by the public authorities of the nation. This kind of assisting method does not apply to the subsidiesthat have been granted to general measures or individuals open to all the corporations(Ojugo, 2010).
The measures of the state aid have some obvious measures. First, the measures must have been intervened by a certain state or the measures have employed the resources of the state in various forms, such as the reliefs in taxation, the grants, the guarantees, the government holdings of a part or all of a corporation, or offering commodities and services on the basis of the preferential terms and so on(Lockwood, 2012). Second, on the basis of the selective terms, the interventions provides the recipient an advantageous condition, for instance to particular corporations or specific sectors of an industry, or to corporations located in some certain regions. Third, the normal business competition has been or may probably be destroyed. Fourth, the intervening measures may affect the normal trades between the state members.
Although there is a general prohibition on the state aid, in some cases, the interventions of the government are of great necessity for the stable and well-developing economy to a great extent. Owing to this respect, the laws on the state aid have left room for some policy aims for which the state aid may be seen as compatible.
Some exemptions have been stipulated by the legislation. For example, the laws are often reviewed in a certainperiod of time to promote the efficiency of them and to reply to the calls of the European Councils and to contribute to the sound and fast development of the economy in Europe(Lockwood, 2012). The Commission employs new legislation that is used in intimate cooperation with the Member States.
2.2 The control on the state aid
The state aid may distort the normal competitions in the European market to some degree, and may help some certain companies out of business troubles in a certain period of time(Kahn, 1982). Therefore, it is necessary to control the state aid to some degree to ensure the equality of the market and the harmonious economy in Europe.
A corporation that adopts the supports of a government will obtain an advantage, which may defeat the competitors of it, so the Treaty has prohibited the state aid generally. Only when the conditions have been justified by the accounts of the development of the whole economy, the state aid can be employed to a corporation.In order to guarantee that the exemptions are employed equally and the prohibition has been respected across the EU, the Commission of the Europe is responsible of guaranteeingthat the state aid follows the rules of European Union(Gorge, 2001). The powers of the European Commission are quite great in making decisions and investigating the affairs. The most important and strong power is the notification process that the Member States must comply with. The measures to aid the corporations can only be carried out after the Commission has been approved by the European Commission. What is more, the Commission can also recover the state aid that is incompatible.
Companies and the customers in the EU also play an important role in triggering the investigations by putting forward complaints with the European Commission(Fitzsimmons, 2014). Moreover, the European Commission can invite the interested parties to deliver comments by the Official Journal of the EU at the time when it is skeptical of the compatibility of a recommended aid measures and opens an investigating process in a normal way.
3.0The GM Europe and the state aid
3.1 The business conditions of GM Europe
In the year of 2009, the business of GM Europe suffered from great trouble, which called for the state aid of EU to get rid of the unhappy circumstances. General Motors Europe piled some pressure on the European governments, which also included the Great Britain, and ask the governments to offer €3.3bn of state aid by stating that it would run out of cash in March, which has displayed the serious trouble of GM Europe at that time(Janney, 2014). The sales amount of GM Europe declined to a great degree in 2009, which has caused the difficulties in the business profit, and it began hard for it to deliver the salaries to the employees in Europe, which may lead to the lay-off of many employees. Without the jobs in the GM Europe, lots of workers will have to find new jobs and experience new tasks, which is not beneficial for the sound development of the society and the economy. Therefore, it is necessary and sensible of GM Europe to put forward the proposal to require the state aid to some extent at that time.
3.2 The relationship between the state and the GM Europe
The GM Europe, as one of the most important and famouscompanies in Europe, has created thousands of working chances for people in the working regions, which has promoted the development of the local economy, and has contributed to the increase of people’s living standards(Christos, 1995). The general prohibition on the state aid has also regulated some particular cases. The GM Europe and the economy of the European countries have deep relationship. The working chances and the tax of GM Europe are essential to the economy of a certain area. Therefore, the governments, facing such case, have to take the benefits of providing state aid to the GM Europeinto consideration. If the governments did not offer the state aid to the GM Europe in this critical time, the harmony of the European regions would also be influenced to a great degree, and the losses may be quite serious in the long run.
To provide the state aid to the GM Europe was a case that should be considered deeply(Berk,1996). Forster has mentioned that 3 plants were in serious conditions already, and were going to be closed later without the state aid of the governments.
GM Europe, based on the sales, was the second largest car corporations in Europe, whose influences on the economy of Europe are great. It was likely that the governments would provide the GM Europe the state aid to help it get out of the critical trouble. With the advantage of the state aid, the GM Europe may have the chance to win the fierce competitions in the car markets at that time(Berger, 2001).
The relationship between the states in Europe and the GM Europe is quite deep and intimate, so it is necessary to take some measures to realize the sound development of both the economy and the business of GM Europe to some respects. Only by doing so, the social economy of the Europe can gain benefits and theGM Europe can get rid of business trouble. The state aid for the GM Europe had more benefits that the adverse effects. |
