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 ×

27. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

A Large Regional Investment Project in Spain

State Aid Blogs - State Aid Uncovered photos 6

Introduction Most State aid to “large” investment projects is granted by the Member States in Central and Eastern Europe. Moreover, most of the aid goes to induce companies to locate their projects in those countries and to overcome regional handicaps that make the investments less profitable or even loss-making than in other locations. By contrast, regional aid granted to large […]

Keine Kommentare

22. August 2023 | von Phedon Nicolaides

A Large Investment Project (Part II)

State Aid Blogs - Untitled design 23

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

10. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

Regional Operating Aid

State Aid Blogs - Untitled design 18

Introduction On 21 June 2023, the General Court delivered its judgment in case T-131/21, Região Autónoma da Madeira v European Commission.[1] It rejected the action of the Autonomous Region of Madeira [ARM] by which it sought the annulment of Commission decision 2022/1414 on aid scheme implemented by Portugal for the Madeira Free Zone or Zona Franca da Madeira [ZFM]. The […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

4. August 2020 | State Aid Uncovered von Phedon Nicolaides

Draft Regional Aid Guidelines: Simpler and Clearer

Regional Aid

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 31 July 2020: 235* Legal basis: Article 107(2)(b): 24; Article 107(3)(b): 198; Article 107(3)(c): 18 Five Member States have implemented 13 or more covid-19 measures each: Belgium, Denmark, France, Italy & Poland. – Average number of measures per Member State: 8.3 – Median number of measures per […]

Keine Kommentare

10. September 2019 | State Aid Uncovered von Phedon Nicolaides

Individually Notified Regional Aid

State Aid Blogs -

All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]

Keine Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

Nächste Seite »

Guest State Aid Blog ×

27. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

A Large Regional Investment Project in Spain

State Aid Blogs - State Aid Uncovered photos 6

Introduction Most State aid to “large” investment projects is granted by the Member States in Central and Eastern Europe. Moreover, most of the aid goes to induce companies to locate their projects in those countries and to overcome regional handicaps that make the investments less profitable or even loss-making than in other locations. By contrast, regional aid granted to large […]

Keine Kommentare

22. August 2023 | von Phedon Nicolaides

A Large Investment Project (Part II)

State Aid Blogs - Untitled design 23

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

10. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

Regional Operating Aid

State Aid Blogs - Untitled design 18

Introduction On 21 June 2023, the General Court delivered its judgment in case T-131/21, Região Autónoma da Madeira v European Commission.[1] It rejected the action of the Autonomous Region of Madeira [ARM] by which it sought the annulment of Commission decision 2022/1414 on aid scheme implemented by Portugal for the Madeira Free Zone or Zona Franca da Madeira [ZFM]. The […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

4. August 2020 | State Aid Uncovered von Phedon Nicolaides

Draft Regional Aid Guidelines: Simpler and Clearer

Regional Aid

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 31 July 2020: 235* Legal basis: Article 107(2)(b): 24; Article 107(3)(b): 198; Article 107(3)(c): 18 Five Member States have implemented 13 or more covid-19 measures each: Belgium, Denmark, France, Italy & Poland. – Average number of measures per Member State: 8.3 – Median number of measures per […]

Keine Kommentare

10. September 2019 | State Aid Uncovered von Phedon Nicolaides

Individually Notified Regional Aid

State Aid Blogs -

All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]

Keine Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

Nächste Seite »

Guest State Aid Blog ×

27. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

A Large Regional Investment Project in Spain

State Aid Blogs - State Aid Uncovered photos 6

Introduction Most State aid to “large” investment projects is granted by the Member States in Central and Eastern Europe. Moreover, most of the aid goes to induce companies to locate their projects in those countries and to overcome regional handicaps that make the investments less profitable or even loss-making than in other locations. By contrast, regional aid granted to large […]

Keine Kommentare

22. August 2023 | von Phedon Nicolaides

A Large Investment Project (Part II)

State Aid Blogs - Untitled design 23

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

10. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

Regional Operating Aid

State Aid Blogs - Untitled design 18

Introduction On 21 June 2023, the General Court delivered its judgment in case T-131/21, Região Autónoma da Madeira v European Commission.[1] It rejected the action of the Autonomous Region of Madeira [ARM] by which it sought the annulment of Commission decision 2022/1414 on aid scheme implemented by Portugal for the Madeira Free Zone or Zona Franca da Madeira [ZFM]. The […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

4. August 2020 | State Aid Uncovered von Phedon Nicolaides

Draft Regional Aid Guidelines: Simpler and Clearer

Regional Aid

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 31 July 2020: 235* Legal basis: Article 107(2)(b): 24; Article 107(3)(b): 198; Article 107(3)(c): 18 Five Member States have implemented 13 or more covid-19 measures each: Belgium, Denmark, France, Italy & Poland. – Average number of measures per Member State: 8.3 – Median number of measures per […]

Keine Kommentare

10. September 2019 | State Aid Uncovered von Phedon Nicolaides

Individually Notified Regional Aid

State Aid Blogs -

All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]

Keine Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

Nächste Seite »

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