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15. März 2016 | State Aid Uncovered von Phedon Nicolaides

a) Natural Disasters and b) Absolute Impossibility to Recover Incompatible State Aid

Aid to remedy the damage caused by natural disasters can be granted only if the damage is the direct consequence of the disaster and the amount of aid must be limited to the actual damage suffered by each individual undertaking. Absence of documentary evidence can lead to absolute impossibility to recover incompatible aid. Introduction Article 107(2) TFEU declares three […]

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2. September 2014 | State Aid Uncovered von Phedon Nicolaides

Compensatory Payments Can be State Aid

Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is partially or wholly funded by private resources. It is sufficient that the resources come under state control. A measure is […]

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3. Juni 2013 | State Aid Uncovered von Phedon Nicolaides

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants

This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]

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