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 ×

12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
7. September 2021  |   State Aid Uncovered von Phedon Nicolaides

Assignment of Public Service Obligations
State Aid Blogs - wordyannik mika GjFbKfI874o unsplash
The compensation for public service obligations may include reasonable profit and incentives for cost reduction. Introduction Member States have discretion to define services they consider to be in the general economic interest [SGEI]. However, they need to justify that definition. The Court of Justice has ruled on numerous occasions that an SGEI has “special characteristics” that set it apart from […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
15. September 2020  |   State Aid Uncovered von Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
Mehr lesen
Keine Kommentare
4. Februar 2020  |   State Aid Uncovered von Phedon Nicolaides

How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation
State Aid Blogs - StateAidHub blogpost5 SGEI
The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public service obligation [PSO] and the identification of the “counterfactual” on the basis of which the public service compensation [PSC] is calculated. […]
Mehr lesen
Keine Kommentare
4. Juni 2019  |   State Aid Uncovered von Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
Mehr lesen
Ein Kommentar
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
10. Juli 2018  |   State Aid Uncovered von Phedon Nicolaides

The 2017 Annual Competition Report
State Aid Blogs - Blog27 Annual Report
Introduction   On 18 June 2018, the European Commission published its Annual Report on Competition Policy for 2017.[1] As usually, the Annual Report is accompanied by a Staff Working Paper that has almost four times as many pages as the Annual Report and provides more details on developments in all areas of competition policy, including State aid.The pre-eminent role of the […]
Mehr lesen
Keine Kommentare
5. Juni 2018  |   State Aid Uncovered von Phedon Nicolaides

The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)
State Aid Blogs - SAH Blogpost 22 SGEI
A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it to specified consumers, in specified areas and on specified terms.   Introduction   The Treaty on the Functioning of the EU and the case law […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
7. September 2021  |   State Aid Uncovered von Phedon Nicolaides

Assignment of Public Service Obligations
State Aid Blogs - wordyannik mika GjFbKfI874o unsplash
The compensation for public service obligations may include reasonable profit and incentives for cost reduction. Introduction Member States have discretion to define services they consider to be in the general economic interest [SGEI]. However, they need to justify that definition. The Court of Justice has ruled on numerous occasions that an SGEI has “special characteristics” that set it apart from […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
15. September 2020  |   State Aid Uncovered von Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
Mehr lesen
Keine Kommentare
4. Februar 2020  |   State Aid Uncovered von Phedon Nicolaides

How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation
State Aid Blogs - StateAidHub blogpost5 SGEI
The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public service obligation [PSO] and the identification of the “counterfactual” on the basis of which the public service compensation [PSC] is calculated. […]
Mehr lesen
Keine Kommentare
4. Juni 2019  |   State Aid Uncovered von Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
Mehr lesen
Ein Kommentar
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
10. Juli 2018  |   State Aid Uncovered von Phedon Nicolaides

The 2017 Annual Competition Report
State Aid Blogs - Blog27 Annual Report
Introduction   On 18 June 2018, the European Commission published its Annual Report on Competition Policy for 2017.[1] As usually, the Annual Report is accompanied by a Staff Working Paper that has almost four times as many pages as the Annual Report and provides more details on developments in all areas of competition policy, including State aid.The pre-eminent role of the […]
Mehr lesen
Keine Kommentare
5. Juni 2018  |   State Aid Uncovered von Phedon Nicolaides

The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)
State Aid Blogs - SAH Blogpost 22 SGEI
A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it to specified consumers, in specified areas and on specified terms.   Introduction   The Treaty on the Functioning of the EU and the case law […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
7. September 2021  |   State Aid Uncovered von Phedon Nicolaides

Assignment of Public Service Obligations
State Aid Blogs - wordyannik mika GjFbKfI874o unsplash
The compensation for public service obligations may include reasonable profit and incentives for cost reduction. Introduction Member States have discretion to define services they consider to be in the general economic interest [SGEI]. However, they need to justify that definition. The Court of Justice has ruled on numerous occasions that an SGEI has “special characteristics” that set it apart from […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
15. September 2020  |   State Aid Uncovered von Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
Mehr lesen
Keine Kommentare
4. Februar 2020  |   State Aid Uncovered von Phedon Nicolaides

How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation
State Aid Blogs - StateAidHub blogpost5 SGEI
The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public service obligation [PSO] and the identification of the “counterfactual” on the basis of which the public service compensation [PSC] is calculated. […]
Mehr lesen
Keine Kommentare
4. Juni 2019  |   State Aid Uncovered von Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark
State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]
Mehr lesen
Ein Kommentar
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
10. Juli 2018  |   State Aid Uncovered von Phedon Nicolaides

The 2017 Annual Competition Report
State Aid Blogs - Blog27 Annual Report
Introduction   On 18 June 2018, the European Commission published its Annual Report on Competition Policy for 2017.[1] As usually, the Annual Report is accompanied by a Staff Working Paper that has almost four times as many pages as the Annual Report and provides more details on developments in all areas of competition policy, including State aid.The pre-eminent role of the […]
Mehr lesen
Keine Kommentare
5. Juni 2018  |   State Aid Uncovered von Phedon Nicolaides

The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)
State Aid Blogs - SAH Blogpost 22 SGEI
A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it to specified consumers, in specified areas and on specified terms.   Introduction   The Treaty on the Functioning of the EU and the case law […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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