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

State Aid Uncovered ×

27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
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20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
13. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A Large Investment Project that is Partly Funded Directly by the EU
State Aid Blogs - State Aid Uncovered photos 6
Introduction In July 2024, the Commission published its decision on State aid measure SA.104269 concerning a large investment project [LIP] undertaken by 3Sun in Italy. 3Sun is a subsidiary of Enel, the Italian energy company that is also one of the largest energy companies in Europe. The project would take place in Catania, a city in the NUTS 2 region […]
Mehr lesen
Keine Kommentare
6. August 2024  |   State Aid Uncovered von Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
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Keine Kommentare
30. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid
State Aid Blogs - State Aid Uncovered photos 5
Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]
Mehr lesen
Keine Kommentare
23. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Electricity Produced from High-Efficiency Combined Heat & Power Plants
State Aid Blogs - State Aid Uncovered photos 4
News: The Commission has approved a draft block exemption regulation declaring certain categories of aid in the rail, inland waterways and multimodal transport sector compatible with the internal market on the basis of Article 93. The draft regulation can be accessed at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202404539 Introduction The EU’s Energy Efficiency Directive [EED] [Directive 2012/27, as last amended in 2023 by Directive 2023/1791] […]
Mehr lesen
Keine Kommentare
18. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
Mehr lesen
Keine Kommentare
16. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable
State Aid Blogs - State Aid Uncovered photos 2
Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]
Mehr lesen
Keine Kommentare
9. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid
State Aid Blogs - State Aid Uncovered photos 1 1
Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]
Mehr lesen
Keine Kommentare
2. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Green Energy Certificates
State Aid Blogs - State Aid Uncovered photos 3
Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]
Mehr lesen
Keine Kommentare
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State Aid Uncovered ×

27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
Mehr lesen
Keine Kommentare
20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
13. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A Large Investment Project that is Partly Funded Directly by the EU
State Aid Blogs - State Aid Uncovered photos 6
Introduction In July 2024, the Commission published its decision on State aid measure SA.104269 concerning a large investment project [LIP] undertaken by 3Sun in Italy. 3Sun is a subsidiary of Enel, the Italian energy company that is also one of the largest energy companies in Europe. The project would take place in Catania, a city in the NUTS 2 region […]
Mehr lesen
Keine Kommentare
6. August 2024  |   State Aid Uncovered von Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
Mehr lesen
Keine Kommentare
30. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid
State Aid Blogs - State Aid Uncovered photos 5
Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]
Mehr lesen
Keine Kommentare
23. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Electricity Produced from High-Efficiency Combined Heat & Power Plants
State Aid Blogs - State Aid Uncovered photos 4
News: The Commission has approved a draft block exemption regulation declaring certain categories of aid in the rail, inland waterways and multimodal transport sector compatible with the internal market on the basis of Article 93. The draft regulation can be accessed at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202404539 Introduction The EU’s Energy Efficiency Directive [EED] [Directive 2012/27, as last amended in 2023 by Directive 2023/1791] […]
Mehr lesen
Keine Kommentare
18. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
Mehr lesen
Keine Kommentare
16. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable
State Aid Blogs - State Aid Uncovered photos 2
Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]
Mehr lesen
Keine Kommentare
9. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid
State Aid Blogs - State Aid Uncovered photos 1 1
Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]
Mehr lesen
Keine Kommentare
2. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Green Energy Certificates
State Aid Blogs - State Aid Uncovered photos 3
Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
Mehr lesen
Keine Kommentare
20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
13. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A Large Investment Project that is Partly Funded Directly by the EU
State Aid Blogs - State Aid Uncovered photos 6
Introduction In July 2024, the Commission published its decision on State aid measure SA.104269 concerning a large investment project [LIP] undertaken by 3Sun in Italy. 3Sun is a subsidiary of Enel, the Italian energy company that is also one of the largest energy companies in Europe. The project would take place in Catania, a city in the NUTS 2 region […]
Mehr lesen
Keine Kommentare
6. August 2024  |   State Aid Uncovered von Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
Mehr lesen
Keine Kommentare
30. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid
State Aid Blogs - State Aid Uncovered photos 5
Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]
Mehr lesen
Keine Kommentare
23. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Electricity Produced from High-Efficiency Combined Heat & Power Plants
State Aid Blogs - State Aid Uncovered photos 4
News: The Commission has approved a draft block exemption regulation declaring certain categories of aid in the rail, inland waterways and multimodal transport sector compatible with the internal market on the basis of Article 93. The draft regulation can be accessed at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202404539 Introduction The EU’s Energy Efficiency Directive [EED] [Directive 2012/27, as last amended in 2023 by Directive 2023/1791] […]
Mehr lesen
Keine Kommentare
18. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
Mehr lesen
Keine Kommentare
16. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable
State Aid Blogs - State Aid Uncovered photos 2
Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]
Mehr lesen
Keine Kommentare
9. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid
State Aid Blogs - State Aid Uncovered photos 1 1
Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]
Mehr lesen
Keine Kommentare
2. Juli 2024  |   State Aid Uncovered von Phedon Nicolaides

Green Energy Certificates
State Aid Blogs - State Aid Uncovered photos 3
Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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