State Aid Law Blog

State Aid Uncovered Blog

In Lexxion’s State Aid Uncovered blog, Prof. Phedon Nicolaides publishes weekly critical analyses of recent State aid judgments and decisions. Each post presents the key points of a court judgment or EU Commission decision, places it in the context of similar case law or practice, assesses the underlying reasoning and highlights any inconsistencies or contradictions.

Guest contributions from other State aid experts will also be published on the blog at irregular intervals to complement the content of the blog posts.

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State Aid Uncovered ×

9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
4. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
read more
No Comments
28. March 2023  |   State Aid Uncovered by Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
read more
No Comments
21. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
read more
No Comments
14. March 2023  |   State Aid Uncovered by Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
read more
No Comments
7. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
4. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
read more
No Comments
28. March 2023  |   State Aid Uncovered by Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
read more
No Comments
21. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
read more
No Comments
14. March 2023  |   State Aid Uncovered by Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
read more
No Comments
7. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
4. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
read more
No Comments
28. March 2023  |   State Aid Uncovered by Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
read more
No Comments
21. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
read more
No Comments
14. March 2023  |   State Aid Uncovered by Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
read more
No Comments
7. March 2023  |   State Aid Uncovered by Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
read more
No Comments
« Previous PageNext Page »

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