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 ×

9. November 2018 | State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation

State Aid Blogs - stellrweb djb1whucfBY unsplash

Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service. Introduction The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]

Keine Kommentare

28. August 2018 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation

State Aid Blogs - SAH blogpost34 PublicCompensation SGEI

Compensation for the provision of public services may not exceed the avoidable cost minus any forgone revenue from not having to provide those services. The VAT exemption for postal services is not State aid because it is laid down in the EU VAT directive and therefore cannot be attributed to Member States. Introduction This article reviews Commission decision on […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

8. September 2015 | State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency

State Aid Blogs - m 5 3

Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient. Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]

Ein Kommentar

26. August 2014 | State Aid Uncovered von Phedon Nicolaides

Levying Taxes to Fund Public Broadcasters

broadcast tower

Taxes may not be examined by the Commission in the context of Article 107 even if they finance State aid measures. By contrast, the Commission may examine a tax in the context of its assessment of the compatibility of aid with the internal market when the tax is inseparable from an aid measure. A tax is inseparable from an aid […]

Keine Kommentare

22. Juli 2014 | State Aid Uncovered von Phedon Nicolaides

Sale of Public Assets, SGEI and Electricity Levies

Electrical grid

Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations may distinguish between controllable and uncontrollable costs. Performance benchmarking can be used as a means for inducing efficiency. Electricity levies may not directly or indirectly discriminate against imported electricity. Introduction This is a […]

Keine Kommentare

12. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid

school busses

SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service compensation may not exceed the next extra costs of the SGEI or PSO. Member States are free to devise their own method of compensation, but irrespective of the method used, compensation must comply with the basic […]

Keine Kommentare

30. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Importance of Precise Definition of Public Service Obligations

ship

The imposition of a public service obligation must be preceded by market analysis that shows that the market underprovides. For compensation of public service obligations to be compatible aid, it must satisfy the first three Altmark criteria. Surprisingly, the first three Altmark criteria must also be satisfied [in addition to the 4th criterion] for public service compensation in order not to constitute […]

Keine Kommentare

State Aid Uncovered ×

9. November 2018 | State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation

State Aid Blogs - stellrweb djb1whucfBY unsplash

Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service. Introduction The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]

Keine Kommentare

28. August 2018 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation

State Aid Blogs - SAH blogpost34 PublicCompensation SGEI

Compensation for the provision of public services may not exceed the avoidable cost minus any forgone revenue from not having to provide those services. The VAT exemption for postal services is not State aid because it is laid down in the EU VAT directive and therefore cannot be attributed to Member States. Introduction This article reviews Commission decision on […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

8. September 2015 | State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency

State Aid Blogs - m 5 3

Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient. Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]

Ein Kommentar

26. August 2014 | State Aid Uncovered von Phedon Nicolaides

Levying Taxes to Fund Public Broadcasters

broadcast tower

Taxes may not be examined by the Commission in the context of Article 107 even if they finance State aid measures. By contrast, the Commission may examine a tax in the context of its assessment of the compatibility of aid with the internal market when the tax is inseparable from an aid measure. A tax is inseparable from an aid […]

Keine Kommentare

22. Juli 2014 | State Aid Uncovered von Phedon Nicolaides

Sale of Public Assets, SGEI and Electricity Levies

Electrical grid

Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations may distinguish between controllable and uncontrollable costs. Performance benchmarking can be used as a means for inducing efficiency. Electricity levies may not directly or indirectly discriminate against imported electricity. Introduction This is a […]

Keine Kommentare

12. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid

school busses

SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service compensation may not exceed the next extra costs of the SGEI or PSO. Member States are free to devise their own method of compensation, but irrespective of the method used, compensation must comply with the basic […]

Keine Kommentare

30. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Importance of Precise Definition of Public Service Obligations

ship

The imposition of a public service obligation must be preceded by market analysis that shows that the market underprovides. For compensation of public service obligations to be compatible aid, it must satisfy the first three Altmark criteria. Surprisingly, the first three Altmark criteria must also be satisfied [in addition to the 4th criterion] for public service compensation in order not to constitute […]

Keine Kommentare

State Aid Uncovered ×

9. November 2018 | State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation

State Aid Blogs - stellrweb djb1whucfBY unsplash

Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service. Introduction The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]

Keine Kommentare

28. August 2018 | State Aid Uncovered von Phedon Nicolaides

Public Service Compensation

State Aid Blogs - SAH blogpost34 PublicCompensation SGEI

Compensation for the provision of public services may not exceed the avoidable cost minus any forgone revenue from not having to provide those services. The VAT exemption for postal services is not State aid because it is laid down in the EU VAT directive and therefore cannot be attributed to Member States. Introduction This article reviews Commission decision on […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

8. September 2015 | State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency

State Aid Blogs - m 5 3

Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient. Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]

Ein Kommentar

26. August 2014 | State Aid Uncovered von Phedon Nicolaides

Levying Taxes to Fund Public Broadcasters

broadcast tower

Taxes may not be examined by the Commission in the context of Article 107 even if they finance State aid measures. By contrast, the Commission may examine a tax in the context of its assessment of the compatibility of aid with the internal market when the tax is inseparable from an aid measure. A tax is inseparable from an aid […]

Keine Kommentare

22. Juli 2014 | State Aid Uncovered von Phedon Nicolaides

Sale of Public Assets, SGEI and Electricity Levies

Electrical grid

Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations may distinguish between controllable and uncontrollable costs. Performance benchmarking can be used as a means for inducing efficiency. Electricity levies may not directly or indirectly discriminate against imported electricity. Introduction This is a […]

Keine Kommentare

12. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid

school busses

SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service compensation may not exceed the next extra costs of the SGEI or PSO. Member States are free to devise their own method of compensation, but irrespective of the method used, compensation must comply with the basic […]

Keine Kommentare

30. Mai 2014 | State Aid Uncovered von Phedon Nicolaides

The Importance of Precise Definition of Public Service Obligations

ship

The imposition of a public service obligation must be preceded by market analysis that shows that the market underprovides. For compensation of public service obligations to be compatible aid, it must satisfy the first three Altmark criteria. Surprisingly, the first three Altmark criteria must also be satisfied [in addition to the 4th criterion] for public service compensation in order not to constitute […]

Keine Kommentare

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