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.

Subscribe now!

14. April 2020  |   State Aid Uncovered by Phedon Nicolaides

Errors in State aid Procedures Need not Result in Annulment of a Commission Decision
State Aid Blogs - StateAidHub blogpost15 airport 2
Interested parties have a right to know how the compatibility of aid with the internal market is assessed. Temporary Framework developments As of 13 April 2020, the European Commission had authorised 51 measures adopted by 23 Member States. According to the statement of the Eurozone finance ministers of 9 April 2020, Member States had provided liquidity in the form of […]
read more
No Comments
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 – […]
read more
No Comments
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 & […]
read more
No Comments
7. April 2020  |   State Aid Uncovered by Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations
State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1
The principle of res judicata cannot be used to avoid recovery of incompatible State aid.   An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]
read more
No Comments
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 […]
read more
No Comments
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 […]
read more
No Comments
31. March 2020  |   State Aid Uncovered by Phedon Nicolaides

How to Make Good the Damage Caused by a Natural Disaster
State Aid Blogs - sergio torres nUw2nIGeGYY unsplash
Compensation for costs incurred as a result of a natural disaster is State aid. The compensation must be for damage directly caused by the natural disaster. Introduction State aid to make good the damage caused by an “exceptional occurrence” such as the corona virus covid-19 is compatible with the internal market. The legal basis for exemption is Article 107(2)(b). Of […]
read more
No Comments
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 […]
read more
No Comments
20. March 2020  |   State Aid Uncovered by Phedon Nicolaides

A New Temporary State aid Framework to Fight the Effects of the Corona Virus
corona virus poster
Member States will be allowed to provide grants, guarantees and loans to companies to alleviate the effects of the corona virus. Introduction At the end of 2009, the European Commission adopted a Temporary Framework of State aid rules to enable Member States to support companies that were harmed by the outbreak of the financial crisis in 2008. Now, the corona […]
read more
No Comments
17. March 2020  |   State Aid Uncovered by Phedon Nicolaides

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes
State Aid Blogs - Turnover
Progressive turnover taxes are not contrary to the freedom of establishment or the right of equal treatment. Introduction Recent cases involving “turnover” taxes have sparked a debate in the literature and on the conference circuit not only because they raise novel issues but also because of their implications for other taxes which are being mooted by European governments. As Advocate-General […]
read more
No Comments
« Previous PageNext Page »

24. September 2019  |   State Aid Uncovered by Phedon Nicolaides

“Invest-NL”: A New Promotional Bank
State Aid Blogs - StateAidHub blogpost39 promotionalbank
A state-owned promotional or development bank can pursue public policy objectives and also invest on terms which are acceptable to private investors. Introduction During the past decade or so several Member States have established “promotional” or “development” banks for the purpose of investing where the market does not. Private investors may be reluctant to commit their money for a variety […]
read more
No Comments
17. September 2019  |   State Aid Uncovered by Phedon Nicolaides

Sale of a Bank without State aid
State Aid Blogs - StateAidHub blogpost38 saleofbank
The sale must be open, transparent, non-discriminatory, unconditional and the winning bid must be the offer with the highest price. Introduction The German HSH Nordbank used to be the largest provider of ship finance in the world. It had commercial presence in over 20 major financial centres. Before the outbreak of the financial crisis in 2008, HSH Nordbank had a […]
read more
No Comments
10. September 2019  |   State Aid Uncovered by Phedon Nicolaides

Individually Notified Regional Aid
State Aid Blogs -
All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]
read more
No Comments
3. September 2019  |   State Aid Uncovered by Phedon Nicolaides

Presumed v Actual Compatibility of State aid with the Internal Market
State Aid Blogs - StateAidHub blogpost36 GBER BMW
State aid granted on the basis of the GBER may not be considered as authorised by the Commission. The task of Member States is to ensure that all of the requirements of the GBER are fulfilled. In particular, Member States must confirm the incentive effect of aid to large enterprises. Introduction[1]   In March 2019, the Court of Justice delivered […]
read more
No Comments
28. August 2019  |   State Aid Uncovered by Phedon Nicolaides

A Curious Case of Port Concessions
State Aid Blogs - StateAidHub blogpost35 port concessions
The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]
read more
No Comments
20. August 2019  |   State Aid Uncovered by Phedon Nicolaides

Repayable Advances for Support of Research Projects
State Aid Blogs - StateAidHub blogpost34 RDI GBER
The amount of State aid in a repayable advance to support research projects is the difference between the return a private investor would demand and the actual return for the funding authority. Introduction According to the staff working paper accompanying the 2018 annual competition report that was published on 15 July 2019, 95% of all State aid measures supporting R&D […]
read more
No Comments
13. August 2019  |   State Aid Uncovered by Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade
State Aid Blogs - StateAidHub blogpost33 trade
An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]
read more
No Comments
6. August 2019  |   State Aid Uncovered by Phedon Nicolaides

Transport: Airlines and Bus Operators
State Aid Blogs - StateAidHub blogpost31 Stateaid transport
For investment aid to the operator of an airport to be considered as indirect aid to airlines, there must be an inseparable link between the aid and beneficiary airlines. For a competitor to claim that it is harmed by State aid, it must prove that its position in the relevant market is substantially affected. Ensuring that the costs of public […]
read more
No Comments
30. July 2019  |   State Aid Uncovered by Phedon Nicolaides

The Problem with Turnover Taxes
State Aid Blogs -
Economies of scale do not necessarily correlate with ability to pay. Introduction On Thursday, 11 July 2019, France became the first European country to adopt a tax on digital sales. At about the same time, President Donald Trump warned that the US would retaliate with punitive tariffs. The US believes that the tax is aimed at its internet giants such […]
read more
No Comments
23. July 2019  |   State Aid Uncovered by Phedon Nicolaides

The Rights of Unsuccessful Bidders in the Auctioning of State Assets
State Aid Blogs - StateAidHub blogpost29 stateassets nuerburgring
Competitors of aid recipients may challenge a Commission decision only if State aid causes substantial harm to them. Assets must be sold to the highest bidder who makes a credible offer. Introduction If a public authority sells a state asset at a price below its market rate it grants State aid to the buyer. The market price is the highest […]
read more
No Comments
« Previous PageNext Page »

Subscribe to our newsletter for updates on legal developments, upcoming conferences, workshops, and publications in your areas of interest.

Newsletter: Subscribe now