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!

State Aid Uncovered ×

15. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Exceptions to the Exceptional Nature of State Aid for Banks
State Aid Blogs - m 4
State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation and liquidation.   Introduction A primary objective of the European response to the financial crisis was to sever the link between troubled banks and indebted sovereign. The principle now is that if a bank needs money to meet the capital adequacy ratio required by banking […]
read more
No Comments
8. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Sale of State-Owned Bank
State Aid Blogs - 01.11.17 State aid
The sale of a public asset is free of State aid when it is open, transparent, non-discriminatory, unconditional and the award is made to the highest binding and credible offer.   Introduction The rules on State aid to financial institutions and banks have become very strict. Owners and creditors have to be bailed in [the so-called burden sharing] and the […]
read more
No Comments
1. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Collective Insolvency and the GBER
State Aid Blogs - m 8
The eligibility of an aid applicant and the legality of the aid are determined at the point when the aid is granted. If afterwards the aid recipient ceases to be an SME or enters in financial difficulties it is not a relevant issue.   Introduction When Member States grant aid on the basis of the General Block Exemption Regulation [Regulation […]
read more
No Comments
25. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Transfer of Trademarks
State Aid Blogs - m 9
The free transfer of a trademark that belongs to the state confers two possible advantages to the new owner if there is a market for that trademark.   Introduction When a public authority places at the disposal of an undertaking a public asset, it confers to that undertaking a competitive advantage. The competitive advantage is eliminated whenever that public authority […]
read more
No Comments
18. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART II
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature.   Read the I. part of the article, here. Selective economic advantage The Court proceeded to examine the possible existence of a selective economic advantage. It first recalled, in paragraph 65, that the concept of State aid covers only those public measures which favour certain undertakings “or” […]
read more
No Comments
11. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART I
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature. Introduction On 27 June 2017 the Court of Justice ruled in case C‑74/16, Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe.[1] The ruling was in response to a request from a Spanish administrative court dealing with a tax dispute between religious schools and the municipality of […]
read more
10 Comments
4. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Imputability to the State
State Aid Blogs - m 11
State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]
read more
2 Comments
27. June 2017  |   State Aid Uncovered by Phedon Nicolaides

Is there any Advantage for Owners, Operators or Users of Publicly Funded Ports?
State Aid Blogs - m 12
Public funding of ports confers an advantage to their owners, but not for operators chosen competitively or users who pay a market price.   Introduction Few issues have exercised public authorities more than the funding of infrastructure which is used for commercial purposes. This is because State aid may benefit the owner and/or the operator and/or the users of the […]
read more
No Comments
20. June 2017  |   State Aid Uncovered by Phedon Nicolaides

The Effectiveness of Clear Guidance: The Case of Broadband Networks
State Aid Blogs - m 13
This blog examines how much aid goes to support broadband networks and what lessons can be drawn from the Commission’s decisional practice.   Introduction A principal objective of the State Aid Modernisation was to free Commission resources from the time-consuming task of checking the conformity of routine measures of State aid. Consequently, the General Block Exemption Regulation was extended to […]
read more
No Comments
13. June 2017  |   State Aid Uncovered by Phedon Nicolaides

A Regional Aid Scheme with an Ex-Post Evaluation Plan
State Aid Blogs - m 15
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. […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

15. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Exceptions to the Exceptional Nature of State Aid for Banks
State Aid Blogs - m 4
State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation and liquidation.   Introduction A primary objective of the European response to the financial crisis was to sever the link between troubled banks and indebted sovereign. The principle now is that if a bank needs money to meet the capital adequacy ratio required by banking […]
read more
No Comments
8. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Sale of State-Owned Bank
State Aid Blogs - 01.11.17 State aid
The sale of a public asset is free of State aid when it is open, transparent, non-discriminatory, unconditional and the award is made to the highest binding and credible offer.   Introduction The rules on State aid to financial institutions and banks have become very strict. Owners and creditors have to be bailed in [the so-called burden sharing] and the […]
read more
No Comments
1. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Collective Insolvency and the GBER
State Aid Blogs - m 8
The eligibility of an aid applicant and the legality of the aid are determined at the point when the aid is granted. If afterwards the aid recipient ceases to be an SME or enters in financial difficulties it is not a relevant issue.   Introduction When Member States grant aid on the basis of the General Block Exemption Regulation [Regulation […]
read more
No Comments
25. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Transfer of Trademarks
State Aid Blogs - m 9
The free transfer of a trademark that belongs to the state confers two possible advantages to the new owner if there is a market for that trademark.   Introduction When a public authority places at the disposal of an undertaking a public asset, it confers to that undertaking a competitive advantage. The competitive advantage is eliminated whenever that public authority […]
read more
No Comments
18. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART II
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature.   Read the I. part of the article, here. Selective economic advantage The Court proceeded to examine the possible existence of a selective economic advantage. It first recalled, in paragraph 65, that the concept of State aid covers only those public measures which favour certain undertakings “or” […]
read more
No Comments
11. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART I
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature. Introduction On 27 June 2017 the Court of Justice ruled in case C‑74/16, Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe.[1] The ruling was in response to a request from a Spanish administrative court dealing with a tax dispute between religious schools and the municipality of […]
read more
10 Comments
4. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Imputability to the State
State Aid Blogs - m 11
State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]
read more
2 Comments
27. June 2017  |   State Aid Uncovered by Phedon Nicolaides

Is there any Advantage for Owners, Operators or Users of Publicly Funded Ports?
State Aid Blogs - m 12
Public funding of ports confers an advantage to their owners, but not for operators chosen competitively or users who pay a market price.   Introduction Few issues have exercised public authorities more than the funding of infrastructure which is used for commercial purposes. This is because State aid may benefit the owner and/or the operator and/or the users of the […]
read more
No Comments
20. June 2017  |   State Aid Uncovered by Phedon Nicolaides

The Effectiveness of Clear Guidance: The Case of Broadband Networks
State Aid Blogs - m 13
This blog examines how much aid goes to support broadband networks and what lessons can be drawn from the Commission’s decisional practice.   Introduction A principal objective of the State Aid Modernisation was to free Commission resources from the time-consuming task of checking the conformity of routine measures of State aid. Consequently, the General Block Exemption Regulation was extended to […]
read more
No Comments
13. June 2017  |   State Aid Uncovered by Phedon Nicolaides

A Regional Aid Scheme with an Ex-Post Evaluation Plan
State Aid Blogs - m 15
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. […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

15. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Exceptions to the Exceptional Nature of State Aid for Banks
State Aid Blogs - m 4
State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation and liquidation.   Introduction A primary objective of the European response to the financial crisis was to sever the link between troubled banks and indebted sovereign. The principle now is that if a bank needs money to meet the capital adequacy ratio required by banking […]
read more
No Comments
8. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Sale of State-Owned Bank
State Aid Blogs - 01.11.17 State aid
The sale of a public asset is free of State aid when it is open, transparent, non-discriminatory, unconditional and the award is made to the highest binding and credible offer.   Introduction The rules on State aid to financial institutions and banks have become very strict. Owners and creditors have to be bailed in [the so-called burden sharing] and the […]
read more
No Comments
1. August 2017  |   State Aid Uncovered by Phedon Nicolaides

Collective Insolvency and the GBER
State Aid Blogs - m 8
The eligibility of an aid applicant and the legality of the aid are determined at the point when the aid is granted. If afterwards the aid recipient ceases to be an SME or enters in financial difficulties it is not a relevant issue.   Introduction When Member States grant aid on the basis of the General Block Exemption Regulation [Regulation […]
read more
No Comments
25. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Transfer of Trademarks
State Aid Blogs - m 9
The free transfer of a trademark that belongs to the state confers two possible advantages to the new owner if there is a market for that trademark.   Introduction When a public authority places at the disposal of an undertaking a public asset, it confers to that undertaking a competitive advantage. The competitive advantage is eliminated whenever that public authority […]
read more
No Comments
18. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART II
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature.   Read the I. part of the article, here. Selective economic advantage The Court proceeded to examine the possible existence of a selective economic advantage. It first recalled, in paragraph 65, that the concept of State aid covers only those public measures which favour certain undertakings “or” […]
read more
No Comments
11. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART I
State Aid Blogs - m 10
Purely religious activities and education funded by the state are not economic in nature. Introduction On 27 June 2017 the Court of Justice ruled in case C‑74/16, Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe.[1] The ruling was in response to a request from a Spanish administrative court dealing with a tax dispute between religious schools and the municipality of […]
read more
10 Comments
4. July 2017  |   State Aid Uncovered by Phedon Nicolaides

Imputability to the State
State Aid Blogs - m 11
State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]
read more
2 Comments
27. June 2017  |   State Aid Uncovered by Phedon Nicolaides

Is there any Advantage for Owners, Operators or Users of Publicly Funded Ports?
State Aid Blogs - m 12
Public funding of ports confers an advantage to their owners, but not for operators chosen competitively or users who pay a market price.   Introduction Few issues have exercised public authorities more than the funding of infrastructure which is used for commercial purposes. This is because State aid may benefit the owner and/or the operator and/or the users of the […]
read more
No Comments
20. June 2017  |   State Aid Uncovered by Phedon Nicolaides

The Effectiveness of Clear Guidance: The Case of Broadband Networks
State Aid Blogs - m 13
This blog examines how much aid goes to support broadband networks and what lessons can be drawn from the Commission’s decisional practice.   Introduction A principal objective of the State Aid Modernisation was to free Commission resources from the time-consuming task of checking the conformity of routine measures of State aid. Consequently, the General Block Exemption Regulation was extended to […]
read more
No Comments
13. June 2017  |   State Aid Uncovered by Phedon Nicolaides

A Regional Aid Scheme with an Ex-Post Evaluation Plan
State Aid Blogs - m 15
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. […]
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