Europäisches Beihilfenrecht Blog

State Aid Uncovered by Prof Phedon Nicolaides

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 ×

23. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation and Indexation of Costs

State Aid Blogs - State Aid Uncovered photos 2

Introduction Member States may impose public service obligations [PSO] on undertakings and compensate them for the extra costs they incur. The public service compensation [PSC] may also include reasonable profit. Naturally, the PSC may not cover costs that are not related to the PSO or the service of general economic interest [SGEI]. So, for multi-service providers, account separation is absolutely […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

7. April 2020 | State Aid Uncovered von Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations

State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]

Keine Kommentare

18. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

The Date and Scope of Public Service Compensation

State Aid Blogs - SAH blog50 beneficiaries stateaid public transportation

Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal right to it, regardless of whether it is actually paid on that date. It is not enough for a public authority to define the service that it wants an operator to provide and the price that it should charge. It must also define where and […]

Keine Kommentare

13. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Compensation of Public Services Obligations

bus

Providers of SGEI must maintain separate accounts. Parameters of compensation must be determined in advance. Ex-post formulation is not in conformity with State aid rules. Ex-post calculation of compensation that covers all costs and eliminates commercial risk is not compatible with State aid rules. Introduction The calculation of the compensation to be offered to providers of services of general economic interest […]

Keine Kommentare

4. April 2014 | State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services

train entering station

Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]

Keine Kommentare

State Aid Uncovered ×

23. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation and Indexation of Costs

State Aid Blogs - State Aid Uncovered photos 2

Introduction Member States may impose public service obligations [PSO] on undertakings and compensate them for the extra costs they incur. The public service compensation [PSC] may also include reasonable profit. Naturally, the PSC may not cover costs that are not related to the PSO or the service of general economic interest [SGEI]. So, for multi-service providers, account separation is absolutely […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

7. April 2020 | State Aid Uncovered von Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations

State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]

Keine Kommentare

18. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

The Date and Scope of Public Service Compensation

State Aid Blogs - SAH blog50 beneficiaries stateaid public transportation

Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal right to it, regardless of whether it is actually paid on that date. It is not enough for a public authority to define the service that it wants an operator to provide and the price that it should charge. It must also define where and […]

Keine Kommentare

13. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Compensation of Public Services Obligations

bus

Providers of SGEI must maintain separate accounts. Parameters of compensation must be determined in advance. Ex-post formulation is not in conformity with State aid rules. Ex-post calculation of compensation that covers all costs and eliminates commercial risk is not compatible with State aid rules. Introduction The calculation of the compensation to be offered to providers of services of general economic interest […]

Keine Kommentare

4. April 2014 | State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services

train entering station

Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]

Keine Kommentare

State Aid Uncovered ×

23. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation and Indexation of Costs

State Aid Blogs - State Aid Uncovered photos 2

Introduction Member States may impose public service obligations [PSO] on undertakings and compensate them for the extra costs they incur. The public service compensation [PSC] may also include reasonable profit. Naturally, the PSC may not cover costs that are not related to the PSO or the service of general economic interest [SGEI]. So, for multi-service providers, account separation is absolutely […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

7. April 2020 | State Aid Uncovered von Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations

State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]

Keine Kommentare

18. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

The Date and Scope of Public Service Compensation

State Aid Blogs - SAH blog50 beneficiaries stateaid public transportation

Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal right to it, regardless of whether it is actually paid on that date. It is not enough for a public authority to define the service that it wants an operator to provide and the price that it should charge. It must also define where and […]

Keine Kommentare

13. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Compensation of Public Services Obligations

bus

Providers of SGEI must maintain separate accounts. Parameters of compensation must be determined in advance. Ex-post formulation is not in conformity with State aid rules. Ex-post calculation of compensation that covers all costs and eliminates commercial risk is not compatible with State aid rules. Introduction The calculation of the compensation to be offered to providers of services of general economic interest […]

Keine Kommentare

4. April 2014 | State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services

train entering station

Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]

Keine Kommentare

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