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!

19. December 2023  |   State Aid Uncovered by Phedon Nicolaides

Indirect Advantage
State Aid Blogs - Untitled design 30
Introduction It is an established principle in the State aid case law that Article 107(1) TFEU applies both to direct and possibly indirect aid beneficiaries. Yet, it is not always easy to identify any indirect beneficiaries. On 15 November 2023, the General Court, in case T-167/21, European Gaming and Betting Association v European Commission, faulted the latter for failing to […]
read more
No Comments
11. December 2023  |   State Aid Uncovered by Phedon Nicolaides

Member States Have Discretion to Determine their Own Tax System and Interpret its Provisions
State Aid Blogs - Untitled design 29
Introduction In the landmark cases on turnover taxes implemented by Hungary and Poland, the Court of Justice censured the European Commission for defining its own hypothetical reference tax system that was different from the relevant tax provisions in those two countries. The Court again faulted the Commission in its more recent judgments on advance tax rulings. Given the discretion of […]
read more
No Comments
4. December 2023  |   State Aid Uncovered by Phedon Nicolaides

The Concept of Undertaking and Land Valuation
State Aid Blogs - Untitled design 15
Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]
read more
No Comments
27. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage Caused by COVID-19 May be Limited to the Undertakings that Are Most Important to the Economy of a Member Stat
State Aid Blogs - Untitled design 28
Introduction On 23 November 2023, Ryanair lost another appeal before the Court of Justice. The Court ruled, in case C-210/21 P, Ryanair v Commission, that the General Court was right to dismiss Ryanair’s request for annulment of a Commission decision that had authorised French aid to compensate airlines for the damage they suffered as a result of the covid-19-related travel […]
read more
No Comments
20. November 2023  |   State Aid Uncovered by Phedon Nicolaides

State Guarantees
State Aid Blogs - Untitled design 14
Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]
read more
No Comments
16. November 2023  |   Guest State Aid Blog by Michał Bernat

The Interplay of R&D Works and Formal Incentive Effect Rules
State Aid Blogs - Untitled design 12
The Interplay of R&D Works and Formal Incentive Effect Rules Michał Bernat.1 The issue mentioned in the title appears at first sight rather uncontroversial, as it is instinctively understood that research and development (R&D) works do not form part of an investment towards which they are directed, but this brief note raises certain issues arising in that respect which have […]
read more
No Comments
14. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Start of Works
State Aid Blogs - Untitled design 27
Introduction Perhaps the most important criterion for the compatibility of State aid with the internal market is the incentive effect. This means that State aid is capable of changing the behaviour of the recipient undertaking. State aid is normally considered not to have an incentive effect when the recipient undertaking is already committed to launch a project or has already […]
read more
No Comments
7. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Whether a Tax Measure Grants New Aid Must also be Assessed in the Context of the Relevant National Case Law
State Aid Blogs - Untitled design 11
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
read more
No Comments
31. October 2023  |   State Aid Uncovered by Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)
State Aid Blogs - Untitled design 9
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
read more
No Comments
24. October 2023  |   State Aid Uncovered by Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)
State Aid Blogs - Untitled design 8
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
read more
No Comments
« Previous PageNext Page »

27. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage Caused by COVID-19 May be Limited to the Undertakings that Are Most Important to the Economy of a Member Stat
State Aid Blogs - Untitled design 28
Introduction On 23 November 2023, Ryanair lost another appeal before the Court of Justice. The Court ruled, in case C-210/21 P, Ryanair v Commission, that the General Court was right to dismiss Ryanair’s request for annulment of a Commission decision that had authorised French aid to compensate airlines for the damage they suffered as a result of the covid-19-related travel […]
read more
No Comments
20. November 2023  |   State Aid Uncovered by Phedon Nicolaides

State Guarantees
State Aid Blogs - Untitled design 14
Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]
read more
No Comments
14. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Start of Works
State Aid Blogs - Untitled design 27
Introduction Perhaps the most important criterion for the compatibility of State aid with the internal market is the incentive effect. This means that State aid is capable of changing the behaviour of the recipient undertaking. State aid is normally considered not to have an incentive effect when the recipient undertaking is already committed to launch a project or has already […]
read more
No Comments
7. November 2023  |   State Aid Uncovered by Phedon Nicolaides

Whether a Tax Measure Grants New Aid Must also be Assessed in the Context of the Relevant National Case Law
State Aid Blogs - Untitled design 11
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
read more
No Comments
31. October 2023  |   State Aid Uncovered by Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)
State Aid Blogs - Untitled design 9
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
read more
No Comments
24. October 2023  |   State Aid Uncovered by Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)
State Aid Blogs - Untitled design 8
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
read more
No Comments
17. October 2023  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Damage
State Aid Blogs - Untitled design 10
Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]
read more
No Comments
10. October 2023  |   State Aid Uncovered by Phedon Nicolaides

Advance Tax Rulings
State Aid Blogs - Untitled design 26
Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]
read more
No Comments
2. October 2023  |   State Aid Uncovered by Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market
State Aid Blogs - Untitled design 7 1
Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]
read more
No Comments
26. September 2023  |   State Aid Uncovered by Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour
State Aid Blogs - Untitled design 9
Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]
read more
No Comments
« Previous PageNext Page »

30. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – April 2015
gavel
Got something to say about State Aid? Want to write something on our Blog? Get in touch with us at Stateaidhub[at]lexxion.eu Thursday 16/04/2015 Judgment in Case C-690/13 Trapeza Eurobank Ergasias (Court of Justice – Ninth Chamber)   Monday 20/04/2015 Hearing in Case C-357/14 P Dunamenti Erőmű v Commission (Court of Justice – Third Chamber)   Wednesday 22/04/2015 Hearing in Case T-499/12 HSH Investment Holdings Coinvest-C and […]
read more
No Comments
20. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: Case C‑672/13, OTP Bank Nyrt v Magyar Állam, Magyar Államkincstár
otp bank logo
A quick look at the latest ruling of the CJEU from Thursday 19th March.   In Case C‑672/13 OTP Bank the CJEU responded to preliminary ruling questions from the Hungarian Fővárosi Törvényszék relating to the categorisation of an agency agreement concluded in 2008 between the the Ministry of Local Government, the State Treasury and OTP Bank on the basis of Paragraph 24(15) of […]
read more
No Comments
18. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
green field
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday 17th March (not available in English at the time of posting). In his 80 paragraph Opinion the AG proposed that the CJEU reply to the preliminary reference question from the German Bundesgerichtshof as follows:Article 107 TFEU should be interpreted to mean that a rule of […]
read more
No Comments
17. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Roundup of EStAL Intensive Workshop, London
workshop
Interactive Seminar on The Role of the Market Economy Investor Principle (MEIP) | Infrastructure Funding in Compliance with State Aid Rules March 11th 2015 was a busy day for the State Aid crowd who gathered at King’s College in London for an Intensive Workshop organized by Lexxion. First of all we would like to thank all those, both speakers and participants, […]
read more
No Comments
5. March 2015  |   Guest State Aid Blog by Gherardo Carullo

Procedures for examining abnormally low tenders as a State aid tool? A note on Case C-568/13 Data Medical Service
hospital
A look at the Court’s ruling of 18th December 2014 and the use of abnormally low tenders in public service contracts as indicators of illegal State subsidies. This short note examines Case C-568/13 Data Medical Service on the award of public service contracts, which is particularly interesting from a State aid perspective. While stressing that there are no exclusions whatsoever – at a […]
read more
No Comments
4. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – March 2015
gavel, animal figures, euros
A look at the month ahead Got something to say about State Aid? You can get in touch with us at  Stateaidhub[at]lexxion.eu  Thursday 05/03/2015 Judgment in Case C-667/13 Banco Privado Português and Massa Insolvente do Banco Privado Português (Court of Justice – Second Chamber)   Friday 06/03/2015 Hearing in Joined Cases T-60/06 RENV II and T-62/06 RENV II Italy v Commission, Eurallumina v Commission (General Court – First Chamber, […]
read more
No Comments
26. February 2015  |   Guest State Aid Blog by Lexxion Publisher

In Brief: T-135/12 and T-385/12 France v Commission and Orange v Commission
france telecom orange logo
The General Court confirmed that France granted State aid compatible with the internal market to France Télécom, in accordance with the conditions laid down by the Commission, and dismissed the actions.   The Press Release can be read here and the rulings (in French) here.Last Thursday 26th February the General Court gave its rulings in Cases T-135/12 and T-385/12 France v Commission and Orange v Commission. In […]
read more
No Comments
16. February 2015  |   Guest State Aid Blog by Richard Craven

State aid to football clubs in Croatia?
football clubs in Croatia
GNK Dinamo Zagreb: Will the next act of the sports and State aid saga play out in the EU’s newest capital?     The spectre of EU State aid law has loomed over professional club football in Europe since the Commission’s initiation, in 2013, of in-depth investigations into five football clubs in the Netherlands (SA.33584) and seven clubs in Spain […]
read more
No Comments
13. February 2015  |   Guest State Aid Blog by Lexxion Publisher

In brief: C-37/14 Commission v France
fruit and vegetables
On Thursday 12th February the CJEU passed down its ruling in C-37/14, finding that France did not take all necessary measures to recover aid illegally granted to the fruit and vegetable sector and thereby failed to fulfil its obligations under Article 288(4) TFEU. The full ruling is available here and the press release can be accessed here. The aid in question concerned ‘contingency plans’ […]
read more
No Comments
10. February 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary and an invitation to get in touch!
gavel on a laptop
A quick look at the month ahead in the GC/CJEU and reminder about how to get in touch with your news, views and information on how to write a post: Stateaidhub[at]lexxion.de Court’s Diary As we look to the month ahead, there are several State aid cases trickling through the EU Courts to watch out for. Here’s an update from the […]
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