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

Guest State Aid Blog ×

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

14. März 2023 | State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank

State Aid Blogs - State Aid Uncovered SM posts 1

Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]

Keine Kommentare

14. Februar 2023 | State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks

State Aid Blogs - State Aid Uncovered SM posts 26

Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]

Keine Kommentare

16. Februar 2021 | State Aid Uncovered von Phedon Nicolaides

Liquidity Assistance to Banks to Counter the Effects of Covid-19

State Aid Blogs - StateAidHub blogpost7 Bank Italy

Any direct public support of financial institutions affected by covid-19 has to comply with both State aid rules and the rules of the banking union. Introduction The Temporary Framework for State aid to combat covid-19 excludes financial institutions. But it does not mean that banks do not benefit indirectly from State aid granted to other sectors of the economy. This […]

Keine Kommentare

24. April 2018 | State Aid Uncovered von Phedon Nicolaides

Liquidity Support to Banks

State Aid Blogs - 24.04.2018 StateAid Banks MPS

Banks that receive State aid are considered to be failing banks, except when the aid is granted to solvent banks for the purpose of precautionary recapitalisation or temporary liquidity. Introduction During the past decade, large amounts of public funds have been committed to shore up failing or illiquid banks. Under current banking rules, the mere fact that a […]

2 Kommentare

13. September 2016 | State Aid Uncovered von Phedon Nicolaides

Burden-Sharing and State Aid to Banks

State Aid Blogs - m 18 1

Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by creditors in the recovery of banks does not deprive them of their right to property. Introduction On 19 July 2016, the Court of Justice rendered its judgment in case C‑526/14, Tadej Kotnik and others v Državni zbor Republike Slovenije.[1] The judgment was in response to a […]

Keine Kommentare

Guest State Aid Blog ×

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

14. März 2023 | State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank

State Aid Blogs - State Aid Uncovered SM posts 1

Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]

Keine Kommentare

14. Februar 2023 | State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks

State Aid Blogs - State Aid Uncovered SM posts 26

Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]

Keine Kommentare

16. Februar 2021 | State Aid Uncovered von Phedon Nicolaides

Liquidity Assistance to Banks to Counter the Effects of Covid-19

State Aid Blogs - StateAidHub blogpost7 Bank Italy

Any direct public support of financial institutions affected by covid-19 has to comply with both State aid rules and the rules of the banking union. Introduction The Temporary Framework for State aid to combat covid-19 excludes financial institutions. But it does not mean that banks do not benefit indirectly from State aid granted to other sectors of the economy. This […]

Keine Kommentare

24. April 2018 | State Aid Uncovered von Phedon Nicolaides

Liquidity Support to Banks

State Aid Blogs - 24.04.2018 StateAid Banks MPS

Banks that receive State aid are considered to be failing banks, except when the aid is granted to solvent banks for the purpose of precautionary recapitalisation or temporary liquidity. Introduction During the past decade, large amounts of public funds have been committed to shore up failing or illiquid banks. Under current banking rules, the mere fact that a […]

2 Kommentare

13. September 2016 | State Aid Uncovered von Phedon Nicolaides

Burden-Sharing and State Aid to Banks

State Aid Blogs - m 18 1

Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by creditors in the recovery of banks does not deprive them of their right to property. Introduction On 19 July 2016, the Court of Justice rendered its judgment in case C‑526/14, Tadej Kotnik and others v Državni zbor Republike Slovenije.[1] The judgment was in response to a […]

Keine Kommentare

Guest State Aid Blog ×

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

14. März 2023 | State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank

State Aid Blogs - State Aid Uncovered SM posts 1

Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]

Keine Kommentare

14. Februar 2023 | State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks

State Aid Blogs - State Aid Uncovered SM posts 26

Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]

Keine Kommentare

16. Februar 2021 | State Aid Uncovered von Phedon Nicolaides

Liquidity Assistance to Banks to Counter the Effects of Covid-19

State Aid Blogs - StateAidHub blogpost7 Bank Italy

Any direct public support of financial institutions affected by covid-19 has to comply with both State aid rules and the rules of the banking union. Introduction The Temporary Framework for State aid to combat covid-19 excludes financial institutions. But it does not mean that banks do not benefit indirectly from State aid granted to other sectors of the economy. This […]

Keine Kommentare

24. April 2018 | State Aid Uncovered von Phedon Nicolaides

Liquidity Support to Banks

State Aid Blogs - 24.04.2018 StateAid Banks MPS

Banks that receive State aid are considered to be failing banks, except when the aid is granted to solvent banks for the purpose of precautionary recapitalisation or temporary liquidity. Introduction During the past decade, large amounts of public funds have been committed to shore up failing or illiquid banks. Under current banking rules, the mere fact that a […]

2 Kommentare

13. September 2016 | State Aid Uncovered von Phedon Nicolaides

Burden-Sharing and State Aid to Banks

State Aid Blogs - m 18 1

Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by creditors in the recovery of banks does not deprive them of their right to property. Introduction On 19 July 2016, the Court of Justice rendered its judgment in case C‑526/14, Tadej Kotnik and others v Državni zbor Republike Slovenije.[1] The judgment was in response to a […]

Keine Kommentare

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