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 ×

23. May 2017  |   State Aid Uncovered by Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?
State Aid Blogs - m 18
Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]
read more
No Comments
16. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Regional Investment Aid and Sale of Land
State Aid Blogs - m 19
A company that applies for State aid is considered to acquire a right to that aid when assurances it has received from the granting authority can be enforced in court. The price of land can be reduced by the cost that a new owner would expend to make the land usable.   Introduction In decision SA.40448, the Commission assessed aid […]
read more
No Comments
9. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Bank Resolution Has to Comply with State Aid Rules as well as the Banking Recovery and Resolution Directive
State Aid Blogs - StateAidHub blogpost43 privateinvestor
Insurance funds contributed by banks become state resources if they are managed by public agencies. Sale of non-performing loans at market prices does not involve State aid.   Introduction Since 1 January 2016, the resolution financial institutions in Europe has been subject to stricter rules. The institutions which are established in the Eurozone fall with the jurisdiction of the Single […]
read more
No Comments
3. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Identification of the Reference Tax System: The Case of a Tax on Advertising Turnover
State Aid Blogs - m 20
Turnover taxes should be levied at a single rate. Introduction This is the fourth case involving turnover taxes that have been declared to be incompatible with the internal market [see Commission decision 2017/329].[1] A brief summary was published here on 13 December 2016 [http://stateaidhub.eu/blogs/stateaiduncovered/post/7697]. The reasoning of the Commission follows closely that of the other cases. However, what makes this case […]
read more
1 Comment
26. April 2017  |   State Aid Uncovered by Phedon Nicolaides

A Postscript on Brexit and State Aid
State Aid Blogs - m 21
A short note on the previous blog post on State aid control in the UK after its withdrawal from the EU.   A few weeks ago, I wrote an article on State aid control in the UK after its withdrawal from the European Union [http://stateaidhub.eu/blogs/stateaiduncovered/post/8330]. In that article I suggested that the UK would maintain the same or a similar […]
read more
No Comments
25. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
State Aid Blogs - m 22
A nominal price may be charged for genuine non-economic services as long as it supports the achievement of the non-economic objective and covers only a small part of total costs.   Introduction Germany notified two measures of support for nature conservation in Saxony-Anhalt. Measure 1 [SA.45645] concerned projects of nature conservation and landscape maintenance.[1] Measure 2 [SA.46073] concerned aid to associations […]
read more
No Comments
18. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market
State Aid Blogs - m 23
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. […]
read more
No Comments
11. April 2017  |   State Aid Uncovered by Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services
State Aid Blogs - m 24
The scope of public service obligations must be proportional to the identified market failure.   Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]
read more
No Comments
4. April 2017  |   State Aid Uncovered by Phedon Nicolaides

State Aid on the Day after the Exit of the UK from the EU
State Aid Blogs - m 25
The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]
read more
2 Comments
28. March 2017  |   State Aid Uncovered by Phedon Nicolaides

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!
State Aid Blogs - m 26
The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

23. May 2017  |   State Aid Uncovered by Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?
State Aid Blogs - m 18
Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]
read more
No Comments
16. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Regional Investment Aid and Sale of Land
State Aid Blogs - m 19
A company that applies for State aid is considered to acquire a right to that aid when assurances it has received from the granting authority can be enforced in court. The price of land can be reduced by the cost that a new owner would expend to make the land usable.   Introduction In decision SA.40448, the Commission assessed aid […]
read more
No Comments
9. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Bank Resolution Has to Comply with State Aid Rules as well as the Banking Recovery and Resolution Directive
State Aid Blogs - StateAidHub blogpost43 privateinvestor
Insurance funds contributed by banks become state resources if they are managed by public agencies. Sale of non-performing loans at market prices does not involve State aid.   Introduction Since 1 January 2016, the resolution financial institutions in Europe has been subject to stricter rules. The institutions which are established in the Eurozone fall with the jurisdiction of the Single […]
read more
No Comments
3. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Identification of the Reference Tax System: The Case of a Tax on Advertising Turnover
State Aid Blogs - m 20
Turnover taxes should be levied at a single rate. Introduction This is the fourth case involving turnover taxes that have been declared to be incompatible with the internal market [see Commission decision 2017/329].[1] A brief summary was published here on 13 December 2016 [http://stateaidhub.eu/blogs/stateaiduncovered/post/7697]. The reasoning of the Commission follows closely that of the other cases. However, what makes this case […]
read more
1 Comment
26. April 2017  |   State Aid Uncovered by Phedon Nicolaides

A Postscript on Brexit and State Aid
State Aid Blogs - m 21
A short note on the previous blog post on State aid control in the UK after its withdrawal from the EU.   A few weeks ago, I wrote an article on State aid control in the UK after its withdrawal from the European Union [http://stateaidhub.eu/blogs/stateaiduncovered/post/8330]. In that article I suggested that the UK would maintain the same or a similar […]
read more
No Comments
25. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
State Aid Blogs - m 22
A nominal price may be charged for genuine non-economic services as long as it supports the achievement of the non-economic objective and covers only a small part of total costs.   Introduction Germany notified two measures of support for nature conservation in Saxony-Anhalt. Measure 1 [SA.45645] concerned projects of nature conservation and landscape maintenance.[1] Measure 2 [SA.46073] concerned aid to associations […]
read more
No Comments
18. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market
State Aid Blogs - m 23
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. […]
read more
No Comments
11. April 2017  |   State Aid Uncovered by Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services
State Aid Blogs - m 24
The scope of public service obligations must be proportional to the identified market failure.   Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]
read more
No Comments
4. April 2017  |   State Aid Uncovered by Phedon Nicolaides

State Aid on the Day after the Exit of the UK from the EU
State Aid Blogs - m 25
The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]
read more
2 Comments
28. March 2017  |   State Aid Uncovered by Phedon Nicolaides

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!
State Aid Blogs - m 26
The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

23. May 2017  |   State Aid Uncovered by Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?
State Aid Blogs - m 18
Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]
read more
No Comments
16. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Regional Investment Aid and Sale of Land
State Aid Blogs - m 19
A company that applies for State aid is considered to acquire a right to that aid when assurances it has received from the granting authority can be enforced in court. The price of land can be reduced by the cost that a new owner would expend to make the land usable.   Introduction In decision SA.40448, the Commission assessed aid […]
read more
No Comments
9. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Bank Resolution Has to Comply with State Aid Rules as well as the Banking Recovery and Resolution Directive
State Aid Blogs - StateAidHub blogpost43 privateinvestor
Insurance funds contributed by banks become state resources if they are managed by public agencies. Sale of non-performing loans at market prices does not involve State aid.   Introduction Since 1 January 2016, the resolution financial institutions in Europe has been subject to stricter rules. The institutions which are established in the Eurozone fall with the jurisdiction of the Single […]
read more
No Comments
3. May 2017  |   State Aid Uncovered by Phedon Nicolaides

Identification of the Reference Tax System: The Case of a Tax on Advertising Turnover
State Aid Blogs - m 20
Turnover taxes should be levied at a single rate. Introduction This is the fourth case involving turnover taxes that have been declared to be incompatible with the internal market [see Commission decision 2017/329].[1] A brief summary was published here on 13 December 2016 [http://stateaidhub.eu/blogs/stateaiduncovered/post/7697]. The reasoning of the Commission follows closely that of the other cases. However, what makes this case […]
read more
1 Comment
26. April 2017  |   State Aid Uncovered by Phedon Nicolaides

A Postscript on Brexit and State Aid
State Aid Blogs - m 21
A short note on the previous blog post on State aid control in the UK after its withdrawal from the EU.   A few weeks ago, I wrote an article on State aid control in the UK after its withdrawal from the European Union [http://stateaidhub.eu/blogs/stateaiduncovered/post/8330]. In that article I suggested that the UK would maintain the same or a similar […]
read more
No Comments
25. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
State Aid Blogs - m 22
A nominal price may be charged for genuine non-economic services as long as it supports the achievement of the non-economic objective and covers only a small part of total costs.   Introduction Germany notified two measures of support for nature conservation in Saxony-Anhalt. Measure 1 [SA.45645] concerned projects of nature conservation and landscape maintenance.[1] Measure 2 [SA.46073] concerned aid to associations […]
read more
No Comments
18. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market
State Aid Blogs - m 23
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. […]
read more
No Comments
11. April 2017  |   State Aid Uncovered by Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services
State Aid Blogs - m 24
The scope of public service obligations must be proportional to the identified market failure.   Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]
read more
No Comments
4. April 2017  |   State Aid Uncovered by Phedon Nicolaides

State Aid on the Day after the Exit of the UK from the EU
State Aid Blogs - m 25
The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]
read more
2 Comments
28. March 2017  |   State Aid Uncovered by Phedon Nicolaides

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!
State Aid Blogs - m 26
The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]
read more
No Comments
« Previous PageNext Page »

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