Aid must be capable of remedying the regional handicap. Introduction A novel aspect of the 2014 State Aid Modernisation was the requirement for ex-post evaluation of large or unusual State aid measures. The purpose of the ex-post evaluation is to determine the effectiveness of State aid. The outcome of the evaluation does not affect the legality of the aid. […]
State Aid Law
Blog
State Aid Uncovered Blog
State Aid Uncovered ×
13. June 2017 |
State Aid Uncovered
by Phedon Nicolaides
29. May 2017 |
State Aid Uncovered
by Phedon Nicolaides
The compulsory nature of an assigned public mission makes the services covered by the mission different from those provided by market operators for profit. Introduction The justification of government intervention for the purpose of ensuring delivery of adequate services of general economic interest [SGEI] and the design of measures that compensate providers of SGEI can be very tricky. This […]
18. April 2017 |
State Aid Uncovered
by Phedon Nicolaides
Compliance with public service obligations imposed on a provider of services of general economic interest should not be left to the discretion of that provider. Introduction Last week’s article examined a public service obligation for providing maritime links to Corsica (view it here: http://stateaidhub.eu/blogs/stateaiduncovered/post/8370). This week’s article reviews a similar obligation for maritime links to the neighbouring island of Sardinia. […]
31. January 2017 |
State Aid Uncovered
by Phedon Nicolaides
National courts may not question Commission decisions but they may ask the Court of Justice for guidance on how to interpret Commission decisions. Protection of shareholders of a particular category of companies is a selective measure. Introduction This is the last article dealing with the judgments that were rendered by EU courts on 21 December 2016. This article reviews the reply […]
20. December 2016 |
State Aid Uncovered
by Phedon Nicolaides
Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]
8. November 2016 |
State Aid Uncovered
by Phedon Nicolaides
A measure can be selective even if it applies to a whole sector. An existing aid measure becomes new when a court extends it temporarily. Introduction This article reviews two judgments: one on BSE tests in Belgium and another on preferential electricity tariffs in Greece. The issue at hand with respect to the BSE test was whether a measure […]
11. October 2016 |
State Aid Uncovered
by Phedon Nicolaides
This article reviews three judgments that were all rendered on 15 September 2016. The first two concern the concept of economic activity. The third is about the rights of national courts to consider the correctness of Commission decisions. The Court of Justice has said clearly that national courts may not question Commission decisions. Economic activity The first two cases […]
26. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]
18. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The risk of relocation outside the EU is not accepted as a justification for the granting of State aid. Introduction The European Commission has had to assess many measures of State aid to producers of electricity from renewable energy sources [RES producers or “green” electricity producers] and to intensive users of electricity [EIUs]. The former have benefitted from investment […]
5. April 2016 |
State Aid Uncovered
by Phedon Nicolaides
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental. Introduction Even since the adoption of […]
State Aid Uncovered ×
13. June 2017 |
State Aid Uncovered
by Phedon Nicolaides
Aid must be capable of remedying the regional handicap. Introduction A novel aspect of the 2014 State Aid Modernisation was the requirement for ex-post evaluation of large or unusual State aid measures. The purpose of the ex-post evaluation is to determine the effectiveness of State aid. The outcome of the evaluation does not affect the legality of the aid. […]
29. May 2017 |
State Aid Uncovered
by Phedon Nicolaides
The compulsory nature of an assigned public mission makes the services covered by the mission different from those provided by market operators for profit. Introduction The justification of government intervention for the purpose of ensuring delivery of adequate services of general economic interest [SGEI] and the design of measures that compensate providers of SGEI can be very tricky. This […]
18. April 2017 |
State Aid Uncovered
by Phedon Nicolaides
Compliance with public service obligations imposed on a provider of services of general economic interest should not be left to the discretion of that provider. Introduction Last week’s article examined a public service obligation for providing maritime links to Corsica (view it here: http://stateaidhub.eu/blogs/stateaiduncovered/post/8370). This week’s article reviews a similar obligation for maritime links to the neighbouring island of Sardinia. […]
31. January 2017 |
State Aid Uncovered
by Phedon Nicolaides
National courts may not question Commission decisions but they may ask the Court of Justice for guidance on how to interpret Commission decisions. Protection of shareholders of a particular category of companies is a selective measure. Introduction This is the last article dealing with the judgments that were rendered by EU courts on 21 December 2016. This article reviews the reply […]
20. December 2016 |
State Aid Uncovered
by Phedon Nicolaides
Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]
8. November 2016 |
State Aid Uncovered
by Phedon Nicolaides
A measure can be selective even if it applies to a whole sector. An existing aid measure becomes new when a court extends it temporarily. Introduction This article reviews two judgments: one on BSE tests in Belgium and another on preferential electricity tariffs in Greece. The issue at hand with respect to the BSE test was whether a measure […]
11. October 2016 |
State Aid Uncovered
by Phedon Nicolaides
This article reviews three judgments that were all rendered on 15 September 2016. The first two concern the concept of economic activity. The third is about the rights of national courts to consider the correctness of Commission decisions. The Court of Justice has said clearly that national courts may not question Commission decisions. Economic activity The first two cases […]
26. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]
18. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The risk of relocation outside the EU is not accepted as a justification for the granting of State aid. Introduction The European Commission has had to assess many measures of State aid to producers of electricity from renewable energy sources [RES producers or “green” electricity producers] and to intensive users of electricity [EIUs]. The former have benefitted from investment […]
5. April 2016 |
State Aid Uncovered
by Phedon Nicolaides
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental. Introduction Even since the adoption of […]
State Aid Uncovered ×
13. June 2017 |
State Aid Uncovered
by Phedon Nicolaides
Aid must be capable of remedying the regional handicap. Introduction A novel aspect of the 2014 State Aid Modernisation was the requirement for ex-post evaluation of large or unusual State aid measures. The purpose of the ex-post evaluation is to determine the effectiveness of State aid. The outcome of the evaluation does not affect the legality of the aid. […]
29. May 2017 |
State Aid Uncovered
by Phedon Nicolaides
The compulsory nature of an assigned public mission makes the services covered by the mission different from those provided by market operators for profit. Introduction The justification of government intervention for the purpose of ensuring delivery of adequate services of general economic interest [SGEI] and the design of measures that compensate providers of SGEI can be very tricky. This […]
18. April 2017 |
State Aid Uncovered
by Phedon Nicolaides
Compliance with public service obligations imposed on a provider of services of general economic interest should not be left to the discretion of that provider. Introduction Last week’s article examined a public service obligation for providing maritime links to Corsica (view it here: http://stateaidhub.eu/blogs/stateaiduncovered/post/8370). This week’s article reviews a similar obligation for maritime links to the neighbouring island of Sardinia. […]
31. January 2017 |
State Aid Uncovered
by Phedon Nicolaides
National courts may not question Commission decisions but they may ask the Court of Justice for guidance on how to interpret Commission decisions. Protection of shareholders of a particular category of companies is a selective measure. Introduction This is the last article dealing with the judgments that were rendered by EU courts on 21 December 2016. This article reviews the reply […]
20. December 2016 |
State Aid Uncovered
by Phedon Nicolaides
Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]
8. November 2016 |
State Aid Uncovered
by Phedon Nicolaides
A measure can be selective even if it applies to a whole sector. An existing aid measure becomes new when a court extends it temporarily. Introduction This article reviews two judgments: one on BSE tests in Belgium and another on preferential electricity tariffs in Greece. The issue at hand with respect to the BSE test was whether a measure […]
11. October 2016 |
State Aid Uncovered
by Phedon Nicolaides
This article reviews three judgments that were all rendered on 15 September 2016. The first two concern the concept of economic activity. The third is about the rights of national courts to consider the correctness of Commission decisions. The Court of Justice has said clearly that national courts may not question Commission decisions. Economic activity The first two cases […]
26. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]
18. July 2016 |
State Aid Uncovered
by Phedon Nicolaides
The risk of relocation outside the EU is not accepted as a justification for the granting of State aid. Introduction The European Commission has had to assess many measures of State aid to producers of electricity from renewable energy sources [RES producers or “green” electricity producers] and to intensive users of electricity [EIUs]. The former have benefitted from investment […]
5. April 2016 |
State Aid Uncovered
by Phedon Nicolaides
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental. Introduction Even since the adoption of […]