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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11. February 2025  |   State Aid Uncovered by Phedon Nicolaides

What Competitors Must Show in order to Be Able to Challenge a Commission Decision on State Aid
State Aid Blogs - State Aid Uncovered photos 33
Introduction A perennial question is whether competitors of aid recipients have legal standing to appeal against Commission decisions that either authorise aid or find that a public measure does not constitute State aid. The answer depends on whether the Commission decision is adopted without the opening of the formal investigation procedure or after a form investigation. It is easier to […]
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3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Misses an Opportunity to Provide Guidance on how to Detect Possible Infringement of other Provisions of EU Law by State Aid Measures
State Aid Blogs - State Aid Uncovered photos 32
Introduction On 23 January 2025, the Court of Justice delivered its judgment in case C‑490/23 P, Neos v Ryanair.[1] Neos, a private airline licensed in Italy, appealed against the judgment of the General Court in case T-268/21, Ryanair v Commission, by which it annulled Commission decision SA.59029 concerning an Italian compensation scheme for airlines with an Italian operating licence.[2] The […]
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3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Offshore Wind Installations
State Aid Blogs - State Aid Uncovered photos 30
Introduction State aid to support the generation of electricity from renewable sources must, as standard practice, be granted on the basis of a competitive selection process whereby the most efficient operator gets aid first. With a binding budget, the least efficient operators are excluded. However, there is an exception to this rule for small installations and in situations where there […]
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21. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Incompatible State Aid May Be Recovered from an Undertaking other than the Direct Recipient
State Aid Blogs - State Aid Uncovered photos 29
Introduction The first judgment of 2025 on State aid was rendered by the Cour of Justice of the EU [CJEU] in case C-588/23, Scai, on 16 January 2025. It was a response to a request for a preliminary ruling by an Italian court.[1] Scai had initiated legal proceedings before a national court to contest a request by Regione Campania for […]
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14. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Accelerated Rollout of Renewable Energy
State Aid Blogs - State Aid Uncovered photos 28
Introduction The Temporary Crisis and Transition Framework for State aid expired on 31 December 2024. However, certain provisions remain in force until 31 December 2025. Those provisions are the following: Section 2.5.1: Investment aid for accelerating the rollout of renewable energy and for energy storage. Section 2.5.2: Operating aid for accelerating the rollout of renewable energy and for energy storage. […]
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9. January 2025  |   State Aid Uncovered by Phedon Nicolaides

The Problem of Compensatory State Aid
State Aid Blogs - State Aid Uncovered photos 27
Introduction During the covid-19 pandemic there were fewer bankruptcies than normal. The consensus opinion is that the vast amounts of liquidity that were pumped into EU economies saved not only healthy companies but also many of those that would have otherwise gone out of business. Although the large-scale support schemes were necessary, they also created a problem: how to separate […]
read more
No Comments
17. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Does the State not Control the Resources whose Use Is Defined by Law?
State Aid Blogs - State Aid Uncovered photos 26
Introduction Germany has been very creative in devising measures of support of renewable sources of energy that do not constitute State aid [see the landmark judgments in PreussenElektra, EEG2012, etc]. The decisive element in those measures was the absence of state resources. In January of this year, Germany succeeded to persuade the General Court that a new measure was also […]
read more
No Comments
10. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Cross-border Cumulation of State Aid
State Aid Blogs - State Aid Uncovered photos 13
Introduction Compliance with the rules on the cumulation of State aid can be tricky for several reasons. First, all aid granted by all public authorities for the same project needs to be taken into account. Second, this requires identification of the relevant eligible costs, as the same undertaking may legally receive multiple awards of aid for different projects whose eligible […]
read more
No Comments
7. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 12
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
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3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Misses an Opportunity to Provide Guidance on how to Detect Possible Infringement of other Provisions of EU Law by State Aid Measures
State Aid Blogs - State Aid Uncovered photos 32
Introduction On 23 January 2025, the Court of Justice delivered its judgment in case C‑490/23 P, Neos v Ryanair.[1] Neos, a private airline licensed in Italy, appealed against the judgment of the General Court in case T-268/21, Ryanair v Commission, by which it annulled Commission decision SA.59029 concerning an Italian compensation scheme for airlines with an Italian operating licence.[2] The […]
read more
No Comments
3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Offshore Wind Installations
State Aid Blogs - State Aid Uncovered photos 30
Introduction State aid to support the generation of electricity from renewable sources must, as standard practice, be granted on the basis of a competitive selection process whereby the most efficient operator gets aid first. With a binding budget, the least efficient operators are excluded. However, there is an exception to this rule for small installations and in situations where there […]
read more
No Comments
21. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Incompatible State Aid May Be Recovered from an Undertaking other than the Direct Recipient
State Aid Blogs - State Aid Uncovered photos 29
Introduction The first judgment of 2025 on State aid was rendered by the Cour of Justice of the EU [CJEU] in case C-588/23, Scai, on 16 January 2025. It was a response to a request for a preliminary ruling by an Italian court.[1] Scai had initiated legal proceedings before a national court to contest a request by Regione Campania for […]
read more
No Comments
14. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Accelerated Rollout of Renewable Energy
State Aid Blogs - State Aid Uncovered photos 28
Introduction The Temporary Crisis and Transition Framework for State aid expired on 31 December 2024. However, certain provisions remain in force until 31 December 2025. Those provisions are the following: Section 2.5.1: Investment aid for accelerating the rollout of renewable energy and for energy storage. Section 2.5.2: Operating aid for accelerating the rollout of renewable energy and for energy storage. […]
read more
No Comments
9. January 2025  |   State Aid Uncovered by Phedon Nicolaides

The Problem of Compensatory State Aid
State Aid Blogs - State Aid Uncovered photos 27
Introduction During the covid-19 pandemic there were fewer bankruptcies than normal. The consensus opinion is that the vast amounts of liquidity that were pumped into EU economies saved not only healthy companies but also many of those that would have otherwise gone out of business. Although the large-scale support schemes were necessary, they also created a problem: how to separate […]
read more
No Comments
17. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Does the State not Control the Resources whose Use Is Defined by Law?
State Aid Blogs - State Aid Uncovered photos 26
Introduction Germany has been very creative in devising measures of support of renewable sources of energy that do not constitute State aid [see the landmark judgments in PreussenElektra, EEG2012, etc]. The decisive element in those measures was the absence of state resources. In January of this year, Germany succeeded to persuade the General Court that a new measure was also […]
read more
No Comments
10. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Cross-border Cumulation of State Aid
State Aid Blogs - State Aid Uncovered photos 13
Introduction Compliance with the rules on the cumulation of State aid can be tricky for several reasons. First, all aid granted by all public authorities for the same project needs to be taken into account. Second, this requires identification of the relevant eligible costs, as the same undertaking may legally receive multiple awards of aid for different projects whose eligible […]
read more
No Comments
7. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 12
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
No Comments
26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
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11. June 2020  |   Guest State Aid Blog by Erika Szyszczak

When State Aid Gets Political
State Aid Blogs - brexit 3870554 1920
We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
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14. May 2020  |   Guest State Aid Blog by Wout De Cock

Belgium and COVID-19: The European Commission Approves Several Belgian State Aid Measures
corona virus
We are happy to share with you an update on the Covid-19 measures that have been approved in Belgium. Our guest auhor Wout De Cock is a PhD candidate at the Vrije Universiteit Brussel and part-time teaching assistant at the Katholieke Universiteit Leuven.* Introduction In issue 1/2020 of the European State Aid Law Quarterly, we concluded that the European Commission […]
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17. April 2020  |   Guest State Aid Blog by Michail Kamperis

COVID-19 Measures Adopted and State Aid Measures (Hopefully) to Be Adopted: An Update from Cyprus
Corona Virus
We are happy to share with you an update on the Covid-19 measures that are or will be adopted in Cyprus. Our guest auhor Michail Kamperis is a lawyer and partner at the law firm of Ierotheou, Kamperis & Co. LLC Nicosia, Cyprus. * Sign up for our free news alert  Sign Up For Free   Cyprus is one of […]
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9. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Follow Up Webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 20 April
Woman sitting by the computer
The European Commission is working on quickly adapting the existing State aid legal framework to address the current Covid-19 pandemic. Join us on 20th April from the comfort and safety of your (home) office to get an insider update on the Covid-19 response by State aid experts from the European Commission and national governments. ✓ Join from wherever you are – […]
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9. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Open Access Content Related to Covid-19: At a Glance
typewriter,
During these tough times, Lexxion Publisher wants to help to spread current news and updates on new regulations or support measures for combating the impact of the corona pandemic. Various contributions will be available as open access during the upcoming weeks. This post lists all contributions and will be updated on a rolling basis. Contributions related to State Aid & […]
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3. April 2020  |   Guest State Aid Blog by P. Kamil Rosiak

Covid-19 Support Package for Entrepreneurs: An Update from Poland
Corona Virus
We are happy to share with you an update on the Covid-19 support package that Poland is creating to support entrepeneurs fighting the impact of the corona pandemic. Our guest auhor P. Kamil Rosiak is Attorney-at-Law & Partner Associate at KPMG D.Dobkowski LP in Warsaw.* On 28 March 2020 the lower house of Polish parliament (Sejm) passed a bill (so […]
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1. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Live Webinar: Covid-19 & State Aid Law in the UK Now
older woman sitting at the table, writting
Lexxion has created another new live webinar to keep you updated on current developments of Covid-19 and State aid law in the UK after Brexit. Leading State aid experts Jonathan Branton, George Peretz QC and Alexander Rose will work through the current EU State aid rules and answer your questions.   ✓ Join from wherever you are – high-quality content at […]
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25. March 2020  |   Guest State Aid Blog by Lexxion Publisher

Join our live webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 2 April
hands typing on the laptop
Due to global developments and responding to various requests, Lexxion has created a live webinar to keep you updated on the latest news regarding the corona virus and State aid law. You can join from wherever you are and receive high-quality content at your (home) office.   In response to the Covid-19 pandemic, EU Member States are urgently rolling out […]
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1. January 2018  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – January 2018
gavel
Find below the court’s diary for all State aid cases this month. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us ([email protected]), we are happy to publish your comment on the blog.   Tuesday 16/01/2018 Judgment in case T-747/15 – EDF v Commission (General Court – Third Chamber) Wednesday 17/01/2018 Judgment […]
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24. August 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Alexander Rose
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
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