Europäisches Beihilfenrecht Blog

State Aid Uncovered Blog

In Lexxions Blog „State Aid Uncovered” veröffentlicht Prof. Phedon Nicolaides wöchentlich kritische Analysen zu den neuesten Urteilen und Entscheidungen zu staatlichen Beihilfen. Jeder Beitrag stellt die wichtigsten Punkte eines Gerichtsurteils oder einer EU-Kommissionsentscheidung vor, ordnet sie in den Kontext ähnlicher Rechtsprechung oder Praxis ein, bewertet die zugrundeliegende Argumentation und zeigt etwaige Ungereimtheiten oder Widersprüche auf.

In loser Folge werden auf diesem Blog auch Gastbeiträge von anderen Experten für staatliche Beihilfen veröffentlicht, welche die Inhalte der Blogbeiträge ergänzen.

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Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

State Aid Uncovered ×

11. Juni 2020 | Guest State Aid Blog von Erika Szyszczak

When State Aid Gets Political

State Aid Blogs - brexit 3870554 1920

We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]

Keine Kommentare

19. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

Sport and Trade

State Aid Blogs - m 2 2

State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment. Introduction The article this week continues with the theme of affectation of trade that […]

Keine Kommentare

27. September 2016 | State Aid Uncovered von Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER

State Aid Blogs - m 16 1

In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]

Keine Kommentare

16. August 2016 | State Aid Uncovered von Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*

State Aid Blogs - m 20 1

Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal. Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]

Keine Kommentare

12. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

State Aid Modernisation: First Results

State Aid Blogs - m 19 1

There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”. Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]

Keine Kommentare

5. April 2016 | State Aid Uncovered von Phedon Nicolaides

Local Infrastructure

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

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 […]

Keine Kommentare

8. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Monitoring

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring. Introduction One of the cornerstones of the State Aid […]

Keine Kommentare

24. März 2015 | State Aid Uncovered von Phedon Nicolaides

Loans for SMEs

State Aid Blogs - m 17 2

Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans. Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]

Keine Kommentare

State Aid Uncovered ×

11. Juni 2020 | Guest State Aid Blog von Erika Szyszczak

When State Aid Gets Political

State Aid Blogs - brexit 3870554 1920

We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]

Keine Kommentare

19. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

Sport and Trade

State Aid Blogs - m 2 2

State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment. Introduction The article this week continues with the theme of affectation of trade that […]

Keine Kommentare

27. September 2016 | State Aid Uncovered von Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER

State Aid Blogs - m 16 1

In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]

Keine Kommentare

16. August 2016 | State Aid Uncovered von Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*

State Aid Blogs - m 20 1

Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal. Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]

Keine Kommentare

12. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

State Aid Modernisation: First Results

State Aid Blogs - m 19 1

There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”. Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]

Keine Kommentare

5. April 2016 | State Aid Uncovered von Phedon Nicolaides

Local Infrastructure

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

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 […]

Keine Kommentare

8. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Monitoring

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring. Introduction One of the cornerstones of the State Aid […]

Keine Kommentare

24. März 2015 | State Aid Uncovered von Phedon Nicolaides

Loans for SMEs

State Aid Blogs - m 17 2

Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans. Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]

Keine Kommentare

State Aid Uncovered ×

11. Juni 2020 | Guest State Aid Blog von Erika Szyszczak

When State Aid Gets Political

State Aid Blogs - brexit 3870554 1920

We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]

Keine Kommentare

19. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

Sport and Trade

State Aid Blogs - m 2 2

State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment. Introduction The article this week continues with the theme of affectation of trade that […]

Keine Kommentare

27. September 2016 | State Aid Uncovered von Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER

State Aid Blogs - m 16 1

In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]

Keine Kommentare

16. August 2016 | State Aid Uncovered von Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*

State Aid Blogs - m 20 1

Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal. Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]

Keine Kommentare

12. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

State Aid Modernisation: First Results

State Aid Blogs - m 19 1

There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”. Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]

Keine Kommentare

5. April 2016 | State Aid Uncovered von Phedon Nicolaides

Local Infrastructure

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

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 […]

Keine Kommentare

8. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Monitoring

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring. Introduction One of the cornerstones of the State Aid […]

Keine Kommentare

24. März 2015 | State Aid Uncovered von Phedon Nicolaides

Loans for SMEs

State Aid Blogs - m 17 2

Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans. Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]

Keine Kommentare

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