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 ×

7. May 2019  |   State Aid Uncovered by Phedon Nicolaides

Land Development: The Case of Jaguar Land Rover Slovakia
State Aid Blogs - StateAidHub blogpost18 Landrover Jaguar Nitra Stateaid Infrastrsucture Transport Lexxion
Public funding of infrastructure which is not constructed for the specific needs of a company is not State aid.   Introduction An article carried by the Financial Times on 1 May 2019 revealed that Jaguar Land Rover [JLR] decided to make again the iconic Land Rover Defender. The production of this legendary off-roader ended about 10 years ago because it […]
read more
No Comments
30. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Commission Must Explain its Decision
State Aid Blogs - StateAid Blogpost17 2019 Lexxion UPS DeutschePost Eu Commission State Aid
A Commission decision that affects the legal position of an undertaking is actionable before EU courts. The opening of the formal investigation procedure must lead the Member State concerned to suspend the aid measure and may result in a recovery ruling by a national court. The Commission must be consistent in its reasoning. If it cannot use certain information at […]
read more
No Comments
23. April 2019  |   State Aid Uncovered by Phedon Nicolaides

State Control: The Case of EEG 2012
State Aid Blogs - 5 most read articles 2019
There is crucial difference between control by the state over resources and attribution to the state of the aid granting decision.   Introduction According to the latest edition of the State aid Scoreboard, in 2017 Member States granted a total of EUR 105 billion of State aid to manufacturing and services. Of that amount, 58% or EUR 61 billion supported […]
read more
No Comments
16. April 2019  |   State Aid Uncovered by Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
read more
No Comments
9. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Boundary between State and Private Resources
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
Discretion in the form of intervention can remove it from the control of the state.   Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]
read more
No Comments
3. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Incentive Effect of Public Funding of Infrastructure in Tranches
State Aid Blogs - StateAidHub blogpost13 StateAid motorway greece E65 EU Comission lexxion
Public funding of functionally and commercially severable parts of an infrastructure project may have incentive effect even after construction is completed on some of the parts. A subsidy for the operation of a toll motorway may not constitute State aid.   Introduction State aid granted to a project that has already started lacks incentive effects and, therefore, cannot be found […]
read more
No Comments
26. March 2019  |   State Aid Uncovered by Phedon Nicolaides

National Authorities Must Recover Aid they Grant Mistakenly
State Aid Blogs - StateAidHub blogpost12 StateAid food bread eu small
Assurances from granting authorities cannot guarantee the legality of State aid. Aid recipients must verify that the aid is granted correctly.   Introduction The Commission must stop its misguided policy of not making public the answers it provides to Member States on questions of interpretation of the General Block Exemption Regulation [GBER]. This is one of the consequences of a […]
read more
No Comments
19. March 2019  |   State Aid Uncovered by Phedon Nicolaides

Many Tax Rulings Do Not Make a Single Aid Scheme
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting authority has no discretion in how the measure is applied and (c) the measure defines the eligible […]
read more
2 Comments
13. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Can Incompatible State Aid Be Passed-on from one Company to another to Avoid Recovery?
State Aid Blogs - StateaidHub blogpost10 2019 commission judgement nvestment state aid lexxion
Introduction State aid that is incompatible with the internal market has to be paid back, unless the repayment would be contrary to a general principle of EU law. Last November the Court of Justice ruled in case C‑622/16 P, Scuola Elementare Maria Montessori v European Commission that “(79) the principle that ‘no one is obliged to do the impossible’ is among the […]
read more
No Comments
5. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
read more
2 Comments
« Previous PageNext Page »

State Aid Uncovered ×

7. May 2019  |   State Aid Uncovered by Phedon Nicolaides

Land Development: The Case of Jaguar Land Rover Slovakia
State Aid Blogs - StateAidHub blogpost18 Landrover Jaguar Nitra Stateaid Infrastrsucture Transport Lexxion
Public funding of infrastructure which is not constructed for the specific needs of a company is not State aid.   Introduction An article carried by the Financial Times on 1 May 2019 revealed that Jaguar Land Rover [JLR] decided to make again the iconic Land Rover Defender. The production of this legendary off-roader ended about 10 years ago because it […]
read more
No Comments
30. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Commission Must Explain its Decision
State Aid Blogs - StateAid Blogpost17 2019 Lexxion UPS DeutschePost Eu Commission State Aid
A Commission decision that affects the legal position of an undertaking is actionable before EU courts. The opening of the formal investigation procedure must lead the Member State concerned to suspend the aid measure and may result in a recovery ruling by a national court. The Commission must be consistent in its reasoning. If it cannot use certain information at […]
read more
No Comments
23. April 2019  |   State Aid Uncovered by Phedon Nicolaides

State Control: The Case of EEG 2012
State Aid Blogs - 5 most read articles 2019
There is crucial difference between control by the state over resources and attribution to the state of the aid granting decision.   Introduction According to the latest edition of the State aid Scoreboard, in 2017 Member States granted a total of EUR 105 billion of State aid to manufacturing and services. Of that amount, 58% or EUR 61 billion supported […]
read more
No Comments
16. April 2019  |   State Aid Uncovered by Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
read more
No Comments
9. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Boundary between State and Private Resources
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
Discretion in the form of intervention can remove it from the control of the state.   Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]
read more
No Comments
3. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Incentive Effect of Public Funding of Infrastructure in Tranches
State Aid Blogs - StateAidHub blogpost13 StateAid motorway greece E65 EU Comission lexxion
Public funding of functionally and commercially severable parts of an infrastructure project may have incentive effect even after construction is completed on some of the parts. A subsidy for the operation of a toll motorway may not constitute State aid.   Introduction State aid granted to a project that has already started lacks incentive effects and, therefore, cannot be found […]
read more
No Comments
26. March 2019  |   State Aid Uncovered by Phedon Nicolaides

National Authorities Must Recover Aid they Grant Mistakenly
State Aid Blogs - StateAidHub blogpost12 StateAid food bread eu small
Assurances from granting authorities cannot guarantee the legality of State aid. Aid recipients must verify that the aid is granted correctly.   Introduction The Commission must stop its misguided policy of not making public the answers it provides to Member States on questions of interpretation of the General Block Exemption Regulation [GBER]. This is one of the consequences of a […]
read more
No Comments
19. March 2019  |   State Aid Uncovered by Phedon Nicolaides

Many Tax Rulings Do Not Make a Single Aid Scheme
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting authority has no discretion in how the measure is applied and (c) the measure defines the eligible […]
read more
2 Comments
13. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Can Incompatible State Aid Be Passed-on from one Company to another to Avoid Recovery?
State Aid Blogs - StateaidHub blogpost10 2019 commission judgement nvestment state aid lexxion
Introduction State aid that is incompatible with the internal market has to be paid back, unless the repayment would be contrary to a general principle of EU law. Last November the Court of Justice ruled in case C‑622/16 P, Scuola Elementare Maria Montessori v European Commission that “(79) the principle that ‘no one is obliged to do the impossible’ is among the […]
read more
No Comments
5. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
read more
2 Comments
« Previous PageNext Page »

State Aid Uncovered ×

7. May 2019  |   State Aid Uncovered by Phedon Nicolaides

Land Development: The Case of Jaguar Land Rover Slovakia
State Aid Blogs - StateAidHub blogpost18 Landrover Jaguar Nitra Stateaid Infrastrsucture Transport Lexxion
Public funding of infrastructure which is not constructed for the specific needs of a company is not State aid.   Introduction An article carried by the Financial Times on 1 May 2019 revealed that Jaguar Land Rover [JLR] decided to make again the iconic Land Rover Defender. The production of this legendary off-roader ended about 10 years ago because it […]
read more
No Comments
30. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Commission Must Explain its Decision
State Aid Blogs - StateAid Blogpost17 2019 Lexxion UPS DeutschePost Eu Commission State Aid
A Commission decision that affects the legal position of an undertaking is actionable before EU courts. The opening of the formal investigation procedure must lead the Member State concerned to suspend the aid measure and may result in a recovery ruling by a national court. The Commission must be consistent in its reasoning. If it cannot use certain information at […]
read more
No Comments
23. April 2019  |   State Aid Uncovered by Phedon Nicolaides

State Control: The Case of EEG 2012
State Aid Blogs - 5 most read articles 2019
There is crucial difference between control by the state over resources and attribution to the state of the aid granting decision.   Introduction According to the latest edition of the State aid Scoreboard, in 2017 Member States granted a total of EUR 105 billion of State aid to manufacturing and services. Of that amount, 58% or EUR 61 billion supported […]
read more
No Comments
16. April 2019  |   State Aid Uncovered by Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
read more
No Comments
9. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Boundary between State and Private Resources
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
Discretion in the form of intervention can remove it from the control of the state.   Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]
read more
No Comments
3. April 2019  |   State Aid Uncovered by Phedon Nicolaides

The Incentive Effect of Public Funding of Infrastructure in Tranches
State Aid Blogs - StateAidHub blogpost13 StateAid motorway greece E65 EU Comission lexxion
Public funding of functionally and commercially severable parts of an infrastructure project may have incentive effect even after construction is completed on some of the parts. A subsidy for the operation of a toll motorway may not constitute State aid.   Introduction State aid granted to a project that has already started lacks incentive effects and, therefore, cannot be found […]
read more
No Comments
26. March 2019  |   State Aid Uncovered by Phedon Nicolaides

National Authorities Must Recover Aid they Grant Mistakenly
State Aid Blogs - StateAidHub blogpost12 StateAid food bread eu small
Assurances from granting authorities cannot guarantee the legality of State aid. Aid recipients must verify that the aid is granted correctly.   Introduction The Commission must stop its misguided policy of not making public the answers it provides to Member States on questions of interpretation of the General Block Exemption Regulation [GBER]. This is one of the consequences of a […]
read more
No Comments
19. March 2019  |   State Aid Uncovered by Phedon Nicolaides

Many Tax Rulings Do Not Make a Single Aid Scheme
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting authority has no discretion in how the measure is applied and (c) the measure defines the eligible […]
read more
2 Comments
13. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Can Incompatible State Aid Be Passed-on from one Company to another to Avoid Recovery?
State Aid Blogs - StateaidHub blogpost10 2019 commission judgement nvestment state aid lexxion
Introduction State aid that is incompatible with the internal market has to be paid back, unless the repayment would be contrary to a general principle of EU law. Last November the Court of Justice ruled in case C‑622/16 P, Scuola Elementare Maria Montessori v European Commission that “(79) the principle that ‘no one is obliged to do the impossible’ is among the […]
read more
No Comments
5. March 2019  |   State Aid Uncovered by Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
read more
2 Comments
« Previous PageNext Page »

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