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9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

State Aid Blogs - StateAidHub blogpost7 Bank Italy

A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

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18. November 2014 | State Aid Uncovered von Phedon Nicolaides

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid

Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]

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29. November 2013 | State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]

Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]

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9. Juni 2013 | State Aid Uncovered von Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?

The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]

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