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 ×

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

5. September 2017 | State Aid Uncovered von Phedon Nicolaides

Sale, Liquidation and Other Options for Private Investors

State Aid Blogs - m 33

A private investor chooses the less costly option between selling a company at a loss and liquidating it. In addition to avoiding losses, a private investor also cares for its image, quantifies its value and factors it in the sale or liquidation option. Introduction On 6 July 2017, the General Court ruled in two closely related cases: T-74/14, France […]

Keine Kommentare

24. Januar 2017 | von Phedon Nicolaides

Selectivity Stretched

State Aid Blogs - m 34

Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]

Keine Kommentare

17. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity

State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

2. September 2015 | State Aid Uncovered von Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?

State Aid Blogs - m 4 3

Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]

Keine Kommentare

25. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Challenge of Calculating a Market Price

State Aid Blogs - m 10 2

The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]

Ein Kommentar

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State Aid Uncovered ×

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

5. September 2017 | State Aid Uncovered von Phedon Nicolaides

Sale, Liquidation and Other Options for Private Investors

State Aid Blogs - m 33

A private investor chooses the less costly option between selling a company at a loss and liquidating it. In addition to avoiding losses, a private investor also cares for its image, quantifies its value and factors it in the sale or liquidation option. Introduction On 6 July 2017, the General Court ruled in two closely related cases: T-74/14, France […]

Keine Kommentare

24. Januar 2017 | von Phedon Nicolaides

Selectivity Stretched

State Aid Blogs - m 34

Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]

Keine Kommentare

17. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity

State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

2. September 2015 | State Aid Uncovered von Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?

State Aid Blogs - m 4 3

Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]

Keine Kommentare

25. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Challenge of Calculating a Market Price

State Aid Blogs - m 10 2

The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]

Ein Kommentar

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State Aid Uncovered ×

26. September 2017 | State Aid Uncovered von Phedon Nicolaides

Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal

State Aid Blogs - m 6 1

A rational market operator can agree to arbitration if there is no reasonable prospect of a better outcome. However, a rational operator would ensure that the terms according to which an arbitration decision can be taken would be defined in advance and would not be prejudicial to the operator. Introduction Is it rational for a market operator to agree […]

Keine Kommentare

5. September 2017 | State Aid Uncovered von Phedon Nicolaides

Sale, Liquidation and Other Options for Private Investors

State Aid Blogs - m 33

A private investor chooses the less costly option between selling a company at a loss and liquidating it. In addition to avoiding losses, a private investor also cares for its image, quantifies its value and factors it in the sale or liquidation option. Introduction On 6 July 2017, the General Court ruled in two closely related cases: T-74/14, France […]

Keine Kommentare

24. Januar 2017 | von Phedon Nicolaides

Selectivity Stretched

State Aid Blogs - m 34

Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]

Keine Kommentare

17. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity

State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

2. September 2015 | State Aid Uncovered von Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?

State Aid Blogs - m 4 3

Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]

Keine Kommentare

25. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Challenge of Calculating a Market Price

State Aid Blogs - m 10 2

The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]

Ein Kommentar

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