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

- Regulation 2015/1589 ×

9. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid
State Aid Blogs - State Aid Uncovered photos
Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid that it finds to be incompatible with the internal market. However, it may not order recovery of illegal aid – i.e. non-notified aid – until it assesses its compatibility with the internal market. By contrast, national courts have no competence to assess the compatibility of […]
Mehr lesen
Keine Kommentare
2. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

Selectivity
State Aid Blogs - State Aid Uncovered photos 1
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
Mehr lesen
Keine Kommentare
20. Juni 2023  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”
State Aid Blogs - Untitled design 3
Introduction This article reviews two recent judgments dealing with the concept of state resources and the meaning of “interested party”, respectively. State resources On 8 June 2023, the Court of Justice clarified, by its judgment in case C-50/21, Prestige and Limousine SL, that purely regulatory measures may confer and advantage without, however, granting State aid.1 The Court was responding to […]
Mehr lesen
Keine Kommentare
20. Dezember 2022  |   von Phedon Nicolaides

Compensation for Damage
State Aid Blogs - State Aid Uncovered SM posts 2
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning compensation for damage caused by the covid-19 pandemic to rule, in case T-111/21, Ryanair v European Commission, that Member States were free to choose to whom to grant State aid.[1] Ryanair had sought the annulment of Commission decision SA.55373 concerning damage compensation to Croatia Airlines […]
Mehr lesen
Keine Kommentare
18. Oktober 2022  |   von Phedon Nicolaides

Public Authorities Acting as Private Investors
State Aid Blogs - State Aid Uncovered SM posts 5
It is a well-established principle in the case law that when a public authority acts as a private investor, it must disregard all public policy objectives and its obligations as an arm of the state. Many judgments of EU courts and Commission decisions have examined in detail the various elements that underpin the reasoning of a private investor such as […]
Mehr lesen
Keine Kommentare
3. Mai 2022  |   State Aid Uncovered von Phedon Nicolaides

The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants
State Aid Blogs - State Aid Uncovered SM posts 4
The Commission must use its investigative powers to seek clarification from Member States in order for it to establish whether a measure constitutes State aid, or is compatible aid, or is existing aid. Introduction Complaints are an important source of information to the Commission. The possibility afforded to undertakings to lodge such complaints with the Commission is intended to dissuade […]
Mehr lesen
Keine Kommentare
26. April 2022  |   State Aid Uncovered von Phedon Nicolaides

Member States Must Recover of their Own Initiative Illegally Granted Aid
State Aid Blogs - State Aid Uncovered SM posts 3
Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check […]
Mehr lesen
Keine Kommentare
28. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision. Introduction In November 2021, the General Court rejected an appeal by the recipient of illegal aid who had asked the Commission to declare the aid compatible with the internal market even though the Member State concerned had […]
Mehr lesen
Keine Kommentare
7. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
State Aid Blogs - Blog 50 KV
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify aid. Beneficiaries of non-notified aid may ask national courts to penalise the granting authorities. Introduction What should an undertaking do when it finds out that a public measure from which it has been benefitting contains State aid that has not been notified to the European […]
Mehr lesen
Keine Kommentare
6. Oktober 2020  |   State Aid Uncovered von Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
Mehr lesen
Keine Kommentare
Nächste Seite »

- Regulation 2015/1589 ×

9. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid
State Aid Blogs - State Aid Uncovered photos
Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid that it finds to be incompatible with the internal market. However, it may not order recovery of illegal aid – i.e. non-notified aid – until it assesses its compatibility with the internal market. By contrast, national courts have no competence to assess the compatibility of […]
Mehr lesen
Keine Kommentare
2. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

Selectivity
State Aid Blogs - State Aid Uncovered photos 1
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
Mehr lesen
Keine Kommentare
20. Juni 2023  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”
State Aid Blogs - Untitled design 3
Introduction This article reviews two recent judgments dealing with the concept of state resources and the meaning of “interested party”, respectively. State resources On 8 June 2023, the Court of Justice clarified, by its judgment in case C-50/21, Prestige and Limousine SL, that purely regulatory measures may confer and advantage without, however, granting State aid.1 The Court was responding to […]
Mehr lesen
Keine Kommentare
20. Dezember 2022  |   von Phedon Nicolaides

Compensation for Damage
State Aid Blogs - State Aid Uncovered SM posts 2
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning compensation for damage caused by the covid-19 pandemic to rule, in case T-111/21, Ryanair v European Commission, that Member States were free to choose to whom to grant State aid.[1] Ryanair had sought the annulment of Commission decision SA.55373 concerning damage compensation to Croatia Airlines […]
Mehr lesen
Keine Kommentare
18. Oktober 2022  |   von Phedon Nicolaides

Public Authorities Acting as Private Investors
State Aid Blogs - State Aid Uncovered SM posts 5
It is a well-established principle in the case law that when a public authority acts as a private investor, it must disregard all public policy objectives and its obligations as an arm of the state. Many judgments of EU courts and Commission decisions have examined in detail the various elements that underpin the reasoning of a private investor such as […]
Mehr lesen
Keine Kommentare
3. Mai 2022  |   State Aid Uncovered von Phedon Nicolaides

The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants
State Aid Blogs - State Aid Uncovered SM posts 4
The Commission must use its investigative powers to seek clarification from Member States in order for it to establish whether a measure constitutes State aid, or is compatible aid, or is existing aid. Introduction Complaints are an important source of information to the Commission. The possibility afforded to undertakings to lodge such complaints with the Commission is intended to dissuade […]
Mehr lesen
Keine Kommentare
26. April 2022  |   State Aid Uncovered von Phedon Nicolaides

Member States Must Recover of their Own Initiative Illegally Granted Aid
State Aid Blogs - State Aid Uncovered SM posts 3
Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check […]
Mehr lesen
Keine Kommentare
28. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision. Introduction In November 2021, the General Court rejected an appeal by the recipient of illegal aid who had asked the Commission to declare the aid compatible with the internal market even though the Member State concerned had […]
Mehr lesen
Keine Kommentare
7. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
State Aid Blogs - Blog 50 KV
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify aid. Beneficiaries of non-notified aid may ask national courts to penalise the granting authorities. Introduction What should an undertaking do when it finds out that a public measure from which it has been benefitting contains State aid that has not been notified to the European […]
Mehr lesen
Keine Kommentare
6. Oktober 2020  |   State Aid Uncovered von Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
Mehr lesen
Keine Kommentare
Nächste Seite »

- Regulation 2015/1589 ×

9. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid
State Aid Blogs - State Aid Uncovered photos
Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid that it finds to be incompatible with the internal market. However, it may not order recovery of illegal aid – i.e. non-notified aid – until it assesses its compatibility with the internal market. By contrast, national courts have no competence to assess the compatibility of […]
Mehr lesen
Keine Kommentare
2. Januar 2024  |   State Aid Uncovered von Phedon Nicolaides

Selectivity
State Aid Blogs - State Aid Uncovered photos 1
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
Mehr lesen
Keine Kommentare
20. Juni 2023  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”
State Aid Blogs - Untitled design 3
Introduction This article reviews two recent judgments dealing with the concept of state resources and the meaning of “interested party”, respectively. State resources On 8 June 2023, the Court of Justice clarified, by its judgment in case C-50/21, Prestige and Limousine SL, that purely regulatory measures may confer and advantage without, however, granting State aid.1 The Court was responding to […]
Mehr lesen
Keine Kommentare
20. Dezember 2022  |   von Phedon Nicolaides

Compensation for Damage
State Aid Blogs - State Aid Uncovered SM posts 2
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning compensation for damage caused by the covid-19 pandemic to rule, in case T-111/21, Ryanair v European Commission, that Member States were free to choose to whom to grant State aid.[1] Ryanair had sought the annulment of Commission decision SA.55373 concerning damage compensation to Croatia Airlines […]
Mehr lesen
Keine Kommentare
18. Oktober 2022  |   von Phedon Nicolaides

Public Authorities Acting as Private Investors
State Aid Blogs - State Aid Uncovered SM posts 5
It is a well-established principle in the case law that when a public authority acts as a private investor, it must disregard all public policy objectives and its obligations as an arm of the state. Many judgments of EU courts and Commission decisions have examined in detail the various elements that underpin the reasoning of a private investor such as […]
Mehr lesen
Keine Kommentare
3. Mai 2022  |   State Aid Uncovered von Phedon Nicolaides

The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants
State Aid Blogs - State Aid Uncovered SM posts 4
The Commission must use its investigative powers to seek clarification from Member States in order for it to establish whether a measure constitutes State aid, or is compatible aid, or is existing aid. Introduction Complaints are an important source of information to the Commission. The possibility afforded to undertakings to lodge such complaints with the Commission is intended to dissuade […]
Mehr lesen
Keine Kommentare
26. April 2022  |   State Aid Uncovered von Phedon Nicolaides

Member States Must Recover of their Own Initiative Illegally Granted Aid
State Aid Blogs - State Aid Uncovered SM posts 3
Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check […]
Mehr lesen
Keine Kommentare
28. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision. Introduction In November 2021, the General Court rejected an appeal by the recipient of illegal aid who had asked the Commission to declare the aid compatible with the internal market even though the Member State concerned had […]
Mehr lesen
Keine Kommentare
7. Dezember 2021  |   State Aid Uncovered von Phedon Nicolaides

An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
State Aid Blogs - Blog 50 KV
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify aid. Beneficiaries of non-notified aid may ask national courts to penalise the granting authorities. Introduction What should an undertaking do when it finds out that a public measure from which it has been benefitting contains State aid that has not been notified to the European […]
Mehr lesen
Keine Kommentare
6. Oktober 2020  |   State Aid Uncovered von Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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