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.

Jetzt abonnieren!

Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

State Aid Uncovered ×

22. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Is State Aid for Locally Established Undertakings Compatible with the Internal Market?
State Aid Blogs - flight 4454342 1920
Limitation of State aid to companies which have a durable link with the local economy can be compatible with the internal market. Introduction By prohibiting barriers to free movement and establishment in the internal market, the EU seeks to make the choice of location of a company largely irrelevant. All companies should be treated the same regardless of where they […]
Mehr lesen
Keine Kommentare
15. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Group of Companies
In assessing the compatibility of State aid with the internal market, the Commission must also consider previous awards to a legally distinct but related company. In assessing the need for rescue/restructuring aid, the Commission must also consider whether the recipient is a member of a group that can provide internal funding. Introduction Paragraph 11 of the Commission’s Notice on the […]
Mehr lesen
Keine Kommentare
8. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Indirect State Aid
Special insolvency procedures can confer a selective advantage that constitutes State aid. A recovery order can be extended to the new owner of a company that had received incompatible State aid. Introduction Recipients of State aid that is found to be incompatible with the internal market have to pay it back with interest. This liability for repayment also extend to […]
Mehr lesen
Keine Kommentare
1. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid
It is not sufficient to claim that is it absolutely impossible to recover incompatible State aid. It must be shown that alternative methods have been actually tried without success. Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and confirmed by EU courts, […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
18. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid and Essential National Interest
State aid that is necessary for protecting essential national interests can be compatible with the internal market. Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes there may be […]
Mehr lesen
Keine Kommentare
11. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not be Funded through Discriminatory Taxes
A tax that is levied on both imported and domestic products but its revenue finances only domestic products infringes fundamental provisions of the EU Treaty. Introduction Member States finance the generation of electricity from renewable energy sources [RES] with revenue they raise through levies or charges on consumers of electricity. On 14 April 2021, the General Court in judgment in […]
Mehr lesen
Keine Kommentare
4. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can Be Progressive without Being Selective
State Aid Blogs - Taxes
Progressive rates can be part of a reference tax system. The reference tax system is, in principle, made up of the tax base, the tax rates and the taxable events. Introduction Progressive turnover taxes were thought to be selective because they are levied on gross revenue before costs are deducted and larger volumes of revenue are taxed at higher rates. […]
Mehr lesen
Keine Kommentare
27. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Individual Aid Measures to Combat Covid-19
State Aid Blogs - StateAidHub blogpost17 airline
Aid to remedy a serious economic disturbance may be granted to a single company that is important for the national economy. EU law does not extend to competitors a right to the same aid. Introduction Between March 2020 and April 2021, the European Commission has authorised aid totalling more than EUR 2.5 trillion to remedy the serious economic disturbance caused […]
Mehr lesen
Keine Kommentare
20. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Draft New RDI Framework
State Aid Blogs - StateAidHub blogpost16 RDI
The new RDI Framework provides continuity with clarity. On Monday, 19 April 2021, the European Commission published the new Regional Aid Guidelines for the period 2022-2027. They can be accessed at: https://ec.europa.eu/competition/state_aid/regional_aid/RAG_2021_adopted_communication.zip Introduction On 8 April 2021, the European Commission published the text of the draft new RDI Framework and launched public consultation.[1] The draft RDI Framework is accompanied by […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

22. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Is State Aid for Locally Established Undertakings Compatible with the Internal Market?
State Aid Blogs - flight 4454342 1920
Limitation of State aid to companies which have a durable link with the local economy can be compatible with the internal market. Introduction By prohibiting barriers to free movement and establishment in the internal market, the EU seeks to make the choice of location of a company largely irrelevant. All companies should be treated the same regardless of where they […]
Mehr lesen
Keine Kommentare
15. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Group of Companies
In assessing the compatibility of State aid with the internal market, the Commission must also consider previous awards to a legally distinct but related company. In assessing the need for rescue/restructuring aid, the Commission must also consider whether the recipient is a member of a group that can provide internal funding. Introduction Paragraph 11 of the Commission’s Notice on the […]
Mehr lesen
Keine Kommentare
8. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Indirect State Aid
Special insolvency procedures can confer a selective advantage that constitutes State aid. A recovery order can be extended to the new owner of a company that had received incompatible State aid. Introduction Recipients of State aid that is found to be incompatible with the internal market have to pay it back with interest. This liability for repayment also extend to […]
Mehr lesen
Keine Kommentare
1. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid
It is not sufficient to claim that is it absolutely impossible to recover incompatible State aid. It must be shown that alternative methods have been actually tried without success. Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and confirmed by EU courts, […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
18. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid and Essential National Interest
State aid that is necessary for protecting essential national interests can be compatible with the internal market. Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes there may be […]
Mehr lesen
Keine Kommentare
11. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not be Funded through Discriminatory Taxes
A tax that is levied on both imported and domestic products but its revenue finances only domestic products infringes fundamental provisions of the EU Treaty. Introduction Member States finance the generation of electricity from renewable energy sources [RES] with revenue they raise through levies or charges on consumers of electricity. On 14 April 2021, the General Court in judgment in […]
Mehr lesen
Keine Kommentare
4. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can Be Progressive without Being Selective
State Aid Blogs - Taxes
Progressive rates can be part of a reference tax system. The reference tax system is, in principle, made up of the tax base, the tax rates and the taxable events. Introduction Progressive turnover taxes were thought to be selective because they are levied on gross revenue before costs are deducted and larger volumes of revenue are taxed at higher rates. […]
Mehr lesen
Keine Kommentare
27. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Individual Aid Measures to Combat Covid-19
State Aid Blogs - StateAidHub blogpost17 airline
Aid to remedy a serious economic disturbance may be granted to a single company that is important for the national economy. EU law does not extend to competitors a right to the same aid. Introduction Between March 2020 and April 2021, the European Commission has authorised aid totalling more than EUR 2.5 trillion to remedy the serious economic disturbance caused […]
Mehr lesen
Keine Kommentare
20. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Draft New RDI Framework
State Aid Blogs - StateAidHub blogpost16 RDI
The new RDI Framework provides continuity with clarity. On Monday, 19 April 2021, the European Commission published the new Regional Aid Guidelines for the period 2022-2027. They can be accessed at: https://ec.europa.eu/competition/state_aid/regional_aid/RAG_2021_adopted_communication.zip Introduction On 8 April 2021, the European Commission published the text of the draft new RDI Framework and launched public consultation.[1] The draft RDI Framework is accompanied by […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

22. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Is State Aid for Locally Established Undertakings Compatible with the Internal Market?
State Aid Blogs - flight 4454342 1920
Limitation of State aid to companies which have a durable link with the local economy can be compatible with the internal market. Introduction By prohibiting barriers to free movement and establishment in the internal market, the EU seeks to make the choice of location of a company largely irrelevant. All companies should be treated the same regardless of where they […]
Mehr lesen
Keine Kommentare
15. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Group of Companies
In assessing the compatibility of State aid with the internal market, the Commission must also consider previous awards to a legally distinct but related company. In assessing the need for rescue/restructuring aid, the Commission must also consider whether the recipient is a member of a group that can provide internal funding. Introduction Paragraph 11 of the Commission’s Notice on the […]
Mehr lesen
Keine Kommentare
8. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Indirect State Aid
Special insolvency procedures can confer a selective advantage that constitutes State aid. A recovery order can be extended to the new owner of a company that had received incompatible State aid. Introduction Recipients of State aid that is found to be incompatible with the internal market have to pay it back with interest. This liability for repayment also extend to […]
Mehr lesen
Keine Kommentare
1. Juni 2021  |   State Aid Uncovered von Phedon Nicolaides

The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid
It is not sufficient to claim that is it absolutely impossible to recover incompatible State aid. It must be shown that alternative methods have been actually tried without success. Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and confirmed by EU courts, […]
Mehr lesen
Keine Kommentare
25. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Universal Service Provision
As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
Mehr lesen
Keine Kommentare
18. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid and Essential National Interest
State aid that is necessary for protecting essential national interests can be compatible with the internal market. Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes there may be […]
Mehr lesen
Keine Kommentare
11. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not be Funded through Discriminatory Taxes
A tax that is levied on both imported and domestic products but its revenue finances only domestic products infringes fundamental provisions of the EU Treaty. Introduction Member States finance the generation of electricity from renewable energy sources [RES] with revenue they raise through levies or charges on consumers of electricity. On 14 April 2021, the General Court in judgment in […]
Mehr lesen
Keine Kommentare
4. Mai 2021  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can Be Progressive without Being Selective
State Aid Blogs - Taxes
Progressive rates can be part of a reference tax system. The reference tax system is, in principle, made up of the tax base, the tax rates and the taxable events. Introduction Progressive turnover taxes were thought to be selective because they are levied on gross revenue before costs are deducted and larger volumes of revenue are taxed at higher rates. […]
Mehr lesen
Keine Kommentare
27. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Individual Aid Measures to Combat Covid-19
State Aid Blogs - StateAidHub blogpost17 airline
Aid to remedy a serious economic disturbance may be granted to a single company that is important for the national economy. EU law does not extend to competitors a right to the same aid. Introduction Between March 2020 and April 2021, the European Commission has authorised aid totalling more than EUR 2.5 trillion to remedy the serious economic disturbance caused […]
Mehr lesen
Keine Kommentare
20. April 2021  |   State Aid Uncovered von Phedon Nicolaides

Draft New RDI Framework
State Aid Blogs - StateAidHub blogpost16 RDI
The new RDI Framework provides continuity with clarity. On Monday, 19 April 2021, the European Commission published the new Regional Aid Guidelines for the period 2022-2027. They can be accessed at: https://ec.europa.eu/competition/state_aid/regional_aid/RAG_2021_adopted_communication.zip Introduction On 8 April 2021, the European Commission published the text of the draft new RDI Framework and launched public consultation.[1] The draft RDI Framework is accompanied by […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

Sie möchten einen Beitrag einreichen oder zur Weiterentwicklung des Blogs State Aid Uncovered beitragen? Weitere Details finden Sie auf der englischsprachigen Seite.

Gastbeitrag einreichen

Abonnieren Sie unseren Newsletter für aktuelle Informationen zu Entwicklungen, Konferenzen, Seminaren und Veröffentlichungen in Ihrem Interessenbereich.

Newsletter: Jetzt abonnieren