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 ×

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
16. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Investor Protection and Existing Aid
State Aid Blogs - StateAidHub blogpost28 Investment Romania StateAid Commission EU Lexxion
Aid granted before accession to the EU may not be assessed by the Commission. Introduction It is fairly safe to say that in the sixty years of case law on State aid, the Court of Justice has ruled that there are just four instances in which payment of public money to an undertaking does not constitute State aid on the […]
read more
No Comments
9. July 2019  |   State Aid Uncovered by Phedon Nicolaides

1) The European Commission Does not Have to Identify Individual Beneficiaries in its Recovery Decisions 2) Revision of the GBER [InvestEU, Seal of Excellence, ETC]
State Aid Blogs - StateAidHub blogpost27 GBER
This week’s article deals with two issues: possible defence against repayment of incompatible State aid and the forthcoming revision of the GBER. Introduction In 2008, the Commission ordered France to recover incompatible aid that had been granted by means of several public measures to support farmers [see Commission decision 2009/402]. What made that decision interesting was that part of the […]
read more
No Comments
2. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEOP to Energy Infrastructure
State Aid Blogs - StateAidHub blogpost26 energy infrastructure
A public authority that acts as a private operator may charge what the market can bear. Introduction In January 2019, Germany notified to the Commission, for reasons of legal certainty, investment of the municipality of Hamburg in a district heating network. The Commission, in decision SA.52390, found that the investment in Hamburg District Heating Network conformed with the Market Economy […]
read more
No Comments
25. June 2019  |   State Aid Uncovered by Phedon Nicolaides

How to Value Land in Complex Land Swaps
State Aid Blogs - StateAidHub blogpost25 LandSwap RealdMadrid
A private investor assesses all components of a complex transaction and takes into account not just profit, but also the legal implications of the prospective transaction and possible future liability.   Introduction   When a public authority sells land, it should either auction it through a competitive and unconditional process or have it valued beforehand by an independent expert.Sometimes, public […]
read more
No Comments
18. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Is it OK to Tax Company Size?*
State Aid Blogs -
Progressive tax rates that are consistent with the objective of the tax system are not necessarily selective. Introduction Member States are free to design their corporate tax systems as long as they do not grant State aid or infringe fundamental internal market freedoms. A question that arises in discussions on what Member States may or may not do when designing […]
read more
2 Comments
11. June 2019  |   State Aid Uncovered by Phedon Nicolaides

I) Unlimited State Guarantees II) Effect on Trade
State Aid Blogs - StateAidHub blogpost23
A competitor who wants to challenge a Commission decision authorising State aid without a formal investigation must, first, show that it is seriously harmed by the aid. Introduction This week’s article reviews two judgments: one on unlimited state guarantees granted by France [case T-135/17, Scor v European Commission][1] and another on aid that was found not to affect trade between Member […]
read more
No Comments
4. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
read more
1 Comment
« Previous PageNext Page »

State Aid Uncovered ×

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
16. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Investor Protection and Existing Aid
State Aid Blogs - StateAidHub blogpost28 Investment Romania StateAid Commission EU Lexxion
Aid granted before accession to the EU may not be assessed by the Commission. Introduction It is fairly safe to say that in the sixty years of case law on State aid, the Court of Justice has ruled that there are just four instances in which payment of public money to an undertaking does not constitute State aid on the […]
read more
No Comments
9. July 2019  |   State Aid Uncovered by Phedon Nicolaides

1) The European Commission Does not Have to Identify Individual Beneficiaries in its Recovery Decisions 2) Revision of the GBER [InvestEU, Seal of Excellence, ETC]
State Aid Blogs - StateAidHub blogpost27 GBER
This week’s article deals with two issues: possible defence against repayment of incompatible State aid and the forthcoming revision of the GBER. Introduction In 2008, the Commission ordered France to recover incompatible aid that had been granted by means of several public measures to support farmers [see Commission decision 2009/402]. What made that decision interesting was that part of the […]
read more
No Comments
2. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEOP to Energy Infrastructure
State Aid Blogs - StateAidHub blogpost26 energy infrastructure
A public authority that acts as a private operator may charge what the market can bear. Introduction In January 2019, Germany notified to the Commission, for reasons of legal certainty, investment of the municipality of Hamburg in a district heating network. The Commission, in decision SA.52390, found that the investment in Hamburg District Heating Network conformed with the Market Economy […]
read more
No Comments
25. June 2019  |   State Aid Uncovered by Phedon Nicolaides

How to Value Land in Complex Land Swaps
State Aid Blogs - StateAidHub blogpost25 LandSwap RealdMadrid
A private investor assesses all components of a complex transaction and takes into account not just profit, but also the legal implications of the prospective transaction and possible future liability.   Introduction   When a public authority sells land, it should either auction it through a competitive and unconditional process or have it valued beforehand by an independent expert.Sometimes, public […]
read more
No Comments
18. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Is it OK to Tax Company Size?*
State Aid Blogs -
Progressive tax rates that are consistent with the objective of the tax system are not necessarily selective. Introduction Member States are free to design their corporate tax systems as long as they do not grant State aid or infringe fundamental internal market freedoms. A question that arises in discussions on what Member States may or may not do when designing […]
read more
2 Comments
11. June 2019  |   State Aid Uncovered by Phedon Nicolaides

I) Unlimited State Guarantees II) Effect on Trade
State Aid Blogs - StateAidHub blogpost23
A competitor who wants to challenge a Commission decision authorising State aid without a formal investigation must, first, show that it is seriously harmed by the aid. Introduction This week’s article reviews two judgments: one on unlimited state guarantees granted by France [case T-135/17, Scor v European Commission][1] and another on aid that was found not to affect trade between Member […]
read more
No Comments
4. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
read more
1 Comment
« Previous PageNext Page »

State Aid Uncovered ×

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
16. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Investor Protection and Existing Aid
State Aid Blogs - StateAidHub blogpost28 Investment Romania StateAid Commission EU Lexxion
Aid granted before accession to the EU may not be assessed by the Commission. Introduction It is fairly safe to say that in the sixty years of case law on State aid, the Court of Justice has ruled that there are just four instances in which payment of public money to an undertaking does not constitute State aid on the […]
read more
No Comments
9. July 2019  |   State Aid Uncovered by Phedon Nicolaides

1) The European Commission Does not Have to Identify Individual Beneficiaries in its Recovery Decisions 2) Revision of the GBER [InvestEU, Seal of Excellence, ETC]
State Aid Blogs - StateAidHub blogpost27 GBER
This week’s article deals with two issues: possible defence against repayment of incompatible State aid and the forthcoming revision of the GBER. Introduction In 2008, the Commission ordered France to recover incompatible aid that had been granted by means of several public measures to support farmers [see Commission decision 2009/402]. What made that decision interesting was that part of the […]
read more
No Comments
2. July 2019  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEOP to Energy Infrastructure
State Aid Blogs - StateAidHub blogpost26 energy infrastructure
A public authority that acts as a private operator may charge what the market can bear. Introduction In January 2019, Germany notified to the Commission, for reasons of legal certainty, investment of the municipality of Hamburg in a district heating network. The Commission, in decision SA.52390, found that the investment in Hamburg District Heating Network conformed with the Market Economy […]
read more
No Comments
25. June 2019  |   State Aid Uncovered by Phedon Nicolaides

How to Value Land in Complex Land Swaps
State Aid Blogs - StateAidHub blogpost25 LandSwap RealdMadrid
A private investor assesses all components of a complex transaction and takes into account not just profit, but also the legal implications of the prospective transaction and possible future liability.   Introduction   When a public authority sells land, it should either auction it through a competitive and unconditional process or have it valued beforehand by an independent expert.Sometimes, public […]
read more
No Comments
18. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Is it OK to Tax Company Size?*
State Aid Blogs -
Progressive tax rates that are consistent with the objective of the tax system are not necessarily selective. Introduction Member States are free to design their corporate tax systems as long as they do not grant State aid or infringe fundamental internal market freedoms. A question that arises in discussions on what Member States may or may not do when designing […]
read more
2 Comments
11. June 2019  |   State Aid Uncovered by Phedon Nicolaides

I) Unlimited State Guarantees II) Effect on Trade
State Aid Blogs - StateAidHub blogpost23
A competitor who wants to challenge a Commission decision authorising State aid without a formal investigation must, first, show that it is seriously harmed by the aid. Introduction This week’s article reviews two judgments: one on unlimited state guarantees granted by France [case T-135/17, Scor v European Commission][1] and another on aid that was found not to affect trade between Member […]
read more
No Comments
4. June 2019  |   State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
read more
1 Comment
« Previous PageNext Page »

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