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 ×

20. February 2018  |   State Aid Uncovered by Phedon Nicolaides

What Happens when Things Go Wrong
State Aid Blogs - 20.02.18 StateAid
Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]
read more
No Comments
13. February 2018  |   State Aid Uncovered by Phedon Nicolaides

Investment in Airport Infrastructure
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor.   Introduction   On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]
read more
1 Comment
6. February 2018  |   State Aid Uncovered by Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission
State Aid Blogs - 17.10. imputability stateaid
A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]
read more
No Comments
30. January 2018  |   State Aid Uncovered by Phedon Nicolaides

The Puzzle of the State Acting as a Regulator
State Aid Blogs - joao silas UGQoo2nznz8 unsplash
When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources.   Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]
read more
1 Comment
23. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Danish Horse Racing
State Aid Blogs - horse betting Denmark State Aid
Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures.   Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]
read more
No Comments
16. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Selectivity Requires Comparison
State Aid Blogs - ah life rd2jRzEum9g unsplash
To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1]   On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]
read more
2 Comments
9. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Structural Disadvantages and Regional Aid
State Aid Blogs - StateAidHub blogpost35 port concessions
Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings.   Introduction On 13 December 2017, […]
read more
No Comments
2. January 2018  |   State Aid Uncovered by Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional.   Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]
read more
No Comments
27. December 2017  |   State Aid Uncovered by Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - m 36
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction   Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]
read more
2 Comments
21. December 2017  |   State Aid Uncovered by Lexxion Publisher

Top 5 State Aid Uncovered Posts in 2017
State Aid Blogs - m 1 2
Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides many more, have moved and shaped this year’s judgments on State aid. Also Brexit and its meaning for State aid control in the UK has been on everyone’s mind. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2017. We have […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

20. February 2018  |   State Aid Uncovered by Phedon Nicolaides

What Happens when Things Go Wrong
State Aid Blogs - 20.02.18 StateAid
Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]
read more
No Comments
13. February 2018  |   State Aid Uncovered by Phedon Nicolaides

Investment in Airport Infrastructure
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor.   Introduction   On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]
read more
1 Comment
6. February 2018  |   State Aid Uncovered by Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission
State Aid Blogs - 17.10. imputability stateaid
A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]
read more
No Comments
30. January 2018  |   State Aid Uncovered by Phedon Nicolaides

The Puzzle of the State Acting as a Regulator
State Aid Blogs - joao silas UGQoo2nznz8 unsplash
When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources.   Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]
read more
1 Comment
23. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Danish Horse Racing
State Aid Blogs - horse betting Denmark State Aid
Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures.   Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]
read more
No Comments
16. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Selectivity Requires Comparison
State Aid Blogs - ah life rd2jRzEum9g unsplash
To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1]   On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]
read more
2 Comments
9. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Structural Disadvantages and Regional Aid
State Aid Blogs - StateAidHub blogpost35 port concessions
Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings.   Introduction On 13 December 2017, […]
read more
No Comments
2. January 2018  |   State Aid Uncovered by Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional.   Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]
read more
No Comments
27. December 2017  |   State Aid Uncovered by Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - m 36
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction   Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]
read more
2 Comments
21. December 2017  |   State Aid Uncovered by Lexxion Publisher

Top 5 State Aid Uncovered Posts in 2017
State Aid Blogs - m 1 2
Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides many more, have moved and shaped this year’s judgments on State aid. Also Brexit and its meaning for State aid control in the UK has been on everyone’s mind. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2017. We have […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

20. February 2018  |   State Aid Uncovered by Phedon Nicolaides

What Happens when Things Go Wrong
State Aid Blogs - 20.02.18 StateAid
Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]
read more
No Comments
13. February 2018  |   State Aid Uncovered by Phedon Nicolaides

Investment in Airport Infrastructure
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor.   Introduction   On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]
read more
1 Comment
6. February 2018  |   State Aid Uncovered by Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission
State Aid Blogs - 17.10. imputability stateaid
A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]
read more
No Comments
30. January 2018  |   State Aid Uncovered by Phedon Nicolaides

The Puzzle of the State Acting as a Regulator
State Aid Blogs - joao silas UGQoo2nznz8 unsplash
When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources.   Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]
read more
1 Comment
23. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Danish Horse Racing
State Aid Blogs - horse betting Denmark State Aid
Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures.   Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]
read more
No Comments
16. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Selectivity Requires Comparison
State Aid Blogs - ah life rd2jRzEum9g unsplash
To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1]   On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]
read more
2 Comments
9. January 2018  |   State Aid Uncovered by Phedon Nicolaides

Structural Disadvantages and Regional Aid
State Aid Blogs - StateAidHub blogpost35 port concessions
Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings.   Introduction On 13 December 2017, […]
read more
No Comments
2. January 2018  |   State Aid Uncovered by Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional.   Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]
read more
No Comments
27. December 2017  |   State Aid Uncovered by Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
State Aid Blogs - m 36
When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction   Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]
read more
2 Comments
21. December 2017  |   State Aid Uncovered by Lexxion Publisher

Top 5 State Aid Uncovered Posts in 2017
State Aid Blogs - m 1 2
Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides many more, have moved and shaped this year’s judgments on State aid. Also Brexit and its meaning for State aid control in the UK has been on everyone’s mind. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2017. We have […]
read more
No Comments
« Previous PageNext Page »

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