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 ×

4. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

The Cost of not Recovering Incompatible Aid

Flag of Spain

The Commission is not obliged to quantify precisely the amount of aid that has to be recovered. The Member State that fails to recover incompatible aid or fails to recover all of it risks legal action against both before national and EU courts. The Commission may initiate infringement proceedings and request the Court of Justice to impose penalties against the failing Member […]

Keine Kommentare

21. Februar 2014 | State Aid Uncovered von Phedon Nicolaides

The Role of National Courts in Recovery of Incompatible State Aid

court house

Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned to suspend and even recover aid that happens to be at the same time under investigation by the Commission. In this article I review the judgment of the Court of Justice of 13 February […]

Keine Kommentare

26. September 2013 | State Aid Uncovered von Phedon Nicolaides

The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]

hands in a forest

Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable from economic activity is itself economic and its public funding can fall in principle within the scope of Article 107(1) TFEU. The Court of Justice has confirmed this principle. On 12 September 2013, the General Court in its judgment in case T-347/09, Germany […]

Keine Kommentare

14. Juli 2013 | State Aid Uncovered von Phedon Nicolaides

The Flexible Boundary between Economic and Non-economic Activities

gavel, animal figures, euros

This is a rather long posting divided into two parts both of which deal with the concept of economic activity. In part I, I analyse two cases outside the field of state aid that dealt with the concepts of undertaking and economic activity. Both of them originated in legal proceedings initiated before Austrian courts. In part II (that will come […]

Keine Kommentare

20. Mai 2013 | State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing

hands holding house model

Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]

Keine Kommentare

8. März 2013 | State Aid Uncovered von Phedon Nicolaides

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

construction site

The obligation of the state to act as a private vendor When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

Keine Kommentare

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State Aid Uncovered ×

4. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

The Cost of not Recovering Incompatible Aid

Flag of Spain

The Commission is not obliged to quantify precisely the amount of aid that has to be recovered. The Member State that fails to recover incompatible aid or fails to recover all of it risks legal action against both before national and EU courts. The Commission may initiate infringement proceedings and request the Court of Justice to impose penalties against the failing Member […]

Keine Kommentare

21. Februar 2014 | State Aid Uncovered von Phedon Nicolaides

The Role of National Courts in Recovery of Incompatible State Aid

court house

Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned to suspend and even recover aid that happens to be at the same time under investigation by the Commission. In this article I review the judgment of the Court of Justice of 13 February […]

Keine Kommentare

26. September 2013 | State Aid Uncovered von Phedon Nicolaides

The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]

hands in a forest

Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable from economic activity is itself economic and its public funding can fall in principle within the scope of Article 107(1) TFEU. The Court of Justice has confirmed this principle. On 12 September 2013, the General Court in its judgment in case T-347/09, Germany […]

Keine Kommentare

14. Juli 2013 | State Aid Uncovered von Phedon Nicolaides

The Flexible Boundary between Economic and Non-economic Activities

gavel, animal figures, euros

This is a rather long posting divided into two parts both of which deal with the concept of economic activity. In part I, I analyse two cases outside the field of state aid that dealt with the concepts of undertaking and economic activity. Both of them originated in legal proceedings initiated before Austrian courts. In part II (that will come […]

Keine Kommentare

20. Mai 2013 | State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing

hands holding house model

Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]

Keine Kommentare

8. März 2013 | State Aid Uncovered von Phedon Nicolaides

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

construction site

The obligation of the state to act as a private vendor When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

Keine Kommentare

« Vorherige Seite

State Aid Uncovered ×

4. Juni 2014 | State Aid Uncovered von Phedon Nicolaides

The Cost of not Recovering Incompatible Aid

Flag of Spain

The Commission is not obliged to quantify precisely the amount of aid that has to be recovered. The Member State that fails to recover incompatible aid or fails to recover all of it risks legal action against both before national and EU courts. The Commission may initiate infringement proceedings and request the Court of Justice to impose penalties against the failing Member […]

Keine Kommentare

21. Februar 2014 | State Aid Uncovered von Phedon Nicolaides

The Role of National Courts in Recovery of Incompatible State Aid

court house

Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned to suspend and even recover aid that happens to be at the same time under investigation by the Commission. In this article I review the judgment of the Court of Justice of 13 February […]

Keine Kommentare

26. September 2013 | State Aid Uncovered von Phedon Nicolaides

The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]

hands in a forest

Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable from economic activity is itself economic and its public funding can fall in principle within the scope of Article 107(1) TFEU. The Court of Justice has confirmed this principle. On 12 September 2013, the General Court in its judgment in case T-347/09, Germany […]

Keine Kommentare

14. Juli 2013 | State Aid Uncovered von Phedon Nicolaides

The Flexible Boundary between Economic and Non-economic Activities

gavel, animal figures, euros

This is a rather long posting divided into two parts both of which deal with the concept of economic activity. In part I, I analyse two cases outside the field of state aid that dealt with the concepts of undertaking and economic activity. Both of them originated in legal proceedings initiated before Austrian courts. In part II (that will come […]

Keine Kommentare

20. Mai 2013 | State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing

hands holding house model

Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]

Keine Kommentare

8. März 2013 | State Aid Uncovered von Phedon Nicolaides

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

construction site

The obligation of the state to act as a private vendor When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

Keine Kommentare

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