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 ×

18. April 2023 | State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession

State Aid Blogs - hhhhhhhh

Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]

Keine Kommentare

28. August 2019 | State Aid Uncovered von Phedon Nicolaides

A Curious Case of Port Concessions

State Aid Blogs - StateAidHub blogpost35 port concessions

The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

27. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - m 36

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]

2 Kommentare

12. September 2017 | State Aid Uncovered von Phedon Nicolaides

Concession Agreements Free of State Aid

State Aid Blogs - concessions State aid airports

Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. Prices may be regulated to prevent excessive prices and profits. But, the concession fee may be adjusted to enable the concessionaire to earn a sufficient return. Introduction This article examines the link between State aid and concession agreements. In decision SA.44259, the Commission considered […]

Keine Kommentare

Guest State Aid Blog ×

18. April 2023 | State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession

State Aid Blogs - hhhhhhhh

Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]

Keine Kommentare

28. August 2019 | State Aid Uncovered von Phedon Nicolaides

A Curious Case of Port Concessions

State Aid Blogs - StateAidHub blogpost35 port concessions

The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

27. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - m 36

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]

2 Kommentare

12. September 2017 | State Aid Uncovered von Phedon Nicolaides

Concession Agreements Free of State Aid

State Aid Blogs - concessions State aid airports

Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. Prices may be regulated to prevent excessive prices and profits. But, the concession fee may be adjusted to enable the concessionaire to earn a sufficient return. Introduction This article examines the link between State aid and concession agreements. In decision SA.44259, the Commission considered […]

Keine Kommentare

Guest State Aid Blog ×

18. April 2023 | State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession

State Aid Blogs - hhhhhhhh

Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]

Keine Kommentare

28. August 2019 | State Aid Uncovered von Phedon Nicolaides

A Curious Case of Port Concessions

State Aid Blogs - StateAidHub blogpost35 port concessions

The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

27. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - m 36

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Introduction Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]

2 Kommentare

12. September 2017 | State Aid Uncovered von Phedon Nicolaides

Concession Agreements Free of State Aid

State Aid Blogs - concessions State aid airports

Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. Prices may be regulated to prevent excessive prices and profits. But, the concession fee may be adjusted to enable the concessionaire to earn a sufficient return. Introduction This article examines the link between State aid and concession agreements. In decision SA.44259, the Commission considered […]

Keine Kommentare

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