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

Guest State Aid Blog ×

29. April 2015  |   State Aid Uncovered von Phedon Nicolaides

Do Free but Compulsory Tests Confer a Selective Advantage?
State Aid Blogs - m 27
State aid rules apply to measures which are either harmonised at EU level or are left to the discretion of Member States. The protection of public health is no sufficient reason for removing a public measure from the scope of Article 107(1). The fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation […]
Mehr lesen
Keine Kommentare
10. März 2015  |   State Aid Uncovered von Phedon Nicolaides

Non-Economic Activities
State Aid Blogs - 05.12.Imputability of Aid State aidz
Health insurance which is based on the principle of social solidarity is not economic in nature. Solidarity means that citizens have a right to the service in question and the quality of the service they obtain is not linked to the price they pay, if any. Health services which are provided privately for remuneration are economic in nature. Services provided […]
Mehr lesen
Keine Kommentare
30. September 2014  |   State Aid Uncovered von Phedon Nicolaides

The Jurisdictional Side of Selectivity
Lady Justice
A measure determined independently by similar public entities is not selective even if it varies across those entities. A measure is selective when the entity that has adopted it, applies it differently to undertakings which are within its jurisdiction and in a comparable situation. A public entity may differentiate its measures provided the differentiation can be objectively justified. Introduction   […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
Keine Kommentare
14. April 2014  |   State Aid Uncovered von Phedon Nicolaides

The Importance of a Correct Framing of the Private Creditor and Private Investor Tests
people in backlight
A public authority acting as private creditor must exhaust all legally available means of recovering money owed to it. A private creditor may agree to an amicable arrangement – depending on the complexity and duration of legal proceedings, the value of the collateral it holds and the chances of long-term viability of the debtor – if it results in repayment of […]
Mehr lesen
Keine Kommentare
4. April 2014  |   State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services
train entering station
Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]
Mehr lesen
Keine Kommentare
14. März 2014  |   State Aid Uncovered von Phedon Nicolaides

SMEs Linked through Natural Persons
corporate building
Two or more enterprises may constitute a single undertaking when their owners and/or managers are related in a way that they can act jointly to exercise influence over the decision of those enterprises. Introduction   On 27 February 2014, the Court of Justice rendered a judgment on the notion of “linked enterprises” following a request for preliminary ruling from a […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
21. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Possibly Conflicting Roles of EU Institutions on State Aid
EU flag
Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, Ireland and Italy. This is not the last chapter. The Court annulled a judgment of the General Court and referred the case back to the General Court. In fact this […]
Mehr lesen
Keine Kommentare
10. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Non-Equivalence of the Various Methods of Supporting Green Electricity
electrical sockets
Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case C-379/98], Member States have been grappling with the question of how to support electricity from renewable resources [green electricity] without granting State aid. In PreussenElektra the Court found that there was no transfer of state resources and no State aid, because the German government imposed […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

Guest State Aid Blog ×

29. April 2015  |   State Aid Uncovered von Phedon Nicolaides

Do Free but Compulsory Tests Confer a Selective Advantage?
State Aid Blogs - m 27
State aid rules apply to measures which are either harmonised at EU level or are left to the discretion of Member States. The protection of public health is no sufficient reason for removing a public measure from the scope of Article 107(1). The fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation […]
Mehr lesen
Keine Kommentare
10. März 2015  |   State Aid Uncovered von Phedon Nicolaides

Non-Economic Activities
State Aid Blogs - 05.12.Imputability of Aid State aidz
Health insurance which is based on the principle of social solidarity is not economic in nature. Solidarity means that citizens have a right to the service in question and the quality of the service they obtain is not linked to the price they pay, if any. Health services which are provided privately for remuneration are economic in nature. Services provided […]
Mehr lesen
Keine Kommentare
30. September 2014  |   State Aid Uncovered von Phedon Nicolaides

The Jurisdictional Side of Selectivity
Lady Justice
A measure determined independently by similar public entities is not selective even if it varies across those entities. A measure is selective when the entity that has adopted it, applies it differently to undertakings which are within its jurisdiction and in a comparable situation. A public entity may differentiate its measures provided the differentiation can be objectively justified. Introduction   […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
Keine Kommentare
14. April 2014  |   State Aid Uncovered von Phedon Nicolaides

The Importance of a Correct Framing of the Private Creditor and Private Investor Tests
people in backlight
A public authority acting as private creditor must exhaust all legally available means of recovering money owed to it. A private creditor may agree to an amicable arrangement – depending on the complexity and duration of legal proceedings, the value of the collateral it holds and the chances of long-term viability of the debtor – if it results in repayment of […]
Mehr lesen
Keine Kommentare
4. April 2014  |   State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services
train entering station
Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]
Mehr lesen
Keine Kommentare
14. März 2014  |   State Aid Uncovered von Phedon Nicolaides

SMEs Linked through Natural Persons
corporate building
Two or more enterprises may constitute a single undertaking when their owners and/or managers are related in a way that they can act jointly to exercise influence over the decision of those enterprises. Introduction   On 27 February 2014, the Court of Justice rendered a judgment on the notion of “linked enterprises” following a request for preliminary ruling from a […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
21. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Possibly Conflicting Roles of EU Institutions on State Aid
EU flag
Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, Ireland and Italy. This is not the last chapter. The Court annulled a judgment of the General Court and referred the case back to the General Court. In fact this […]
Mehr lesen
Keine Kommentare
10. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Non-Equivalence of the Various Methods of Supporting Green Electricity
electrical sockets
Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case C-379/98], Member States have been grappling with the question of how to support electricity from renewable resources [green electricity] without granting State aid. In PreussenElektra the Court found that there was no transfer of state resources and no State aid, because the German government imposed […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

Guest State Aid Blog ×

29. April 2015  |   State Aid Uncovered von Phedon Nicolaides

Do Free but Compulsory Tests Confer a Selective Advantage?
State Aid Blogs - m 27
State aid rules apply to measures which are either harmonised at EU level or are left to the discretion of Member States. The protection of public health is no sufficient reason for removing a public measure from the scope of Article 107(1). The fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation […]
Mehr lesen
Keine Kommentare
10. März 2015  |   State Aid Uncovered von Phedon Nicolaides

Non-Economic Activities
State Aid Blogs - 05.12.Imputability of Aid State aidz
Health insurance which is based on the principle of social solidarity is not economic in nature. Solidarity means that citizens have a right to the service in question and the quality of the service they obtain is not linked to the price they pay, if any. Health services which are provided privately for remuneration are economic in nature. Services provided […]
Mehr lesen
Keine Kommentare
30. September 2014  |   State Aid Uncovered von Phedon Nicolaides

The Jurisdictional Side of Selectivity
Lady Justice
A measure determined independently by similar public entities is not selective even if it varies across those entities. A measure is selective when the entity that has adopted it, applies it differently to undertakings which are within its jurisdiction and in a comparable situation. A public entity may differentiate its measures provided the differentiation can be objectively justified. Introduction   […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
Keine Kommentare
14. April 2014  |   State Aid Uncovered von Phedon Nicolaides

The Importance of a Correct Framing of the Private Creditor and Private Investor Tests
people in backlight
A public authority acting as private creditor must exhaust all legally available means of recovering money owed to it. A private creditor may agree to an amicable arrangement – depending on the complexity and duration of legal proceedings, the value of the collateral it holds and the chances of long-term viability of the debtor – if it results in repayment of […]
Mehr lesen
Keine Kommentare
4. April 2014  |   State Aid Uncovered von Phedon Nicolaides

Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services
train entering station
Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of service providers must respect the principles of openness, transparency and non-discrimination, even when public procurement procedures may not apply. Compensation must be based on contracts which contain a precise definition of the public service and parameters on how […]
Mehr lesen
Keine Kommentare
14. März 2014  |   State Aid Uncovered von Phedon Nicolaides

SMEs Linked through Natural Persons
corporate building
Two or more enterprises may constitute a single undertaking when their owners and/or managers are related in a way that they can act jointly to exercise influence over the decision of those enterprises. Introduction   On 27 February 2014, the Court of Justice rendered a judgment on the notion of “linked enterprises” following a request for preliminary ruling from a […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
21. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Possibly Conflicting Roles of EU Institutions on State Aid
EU flag
Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, Ireland and Italy. This is not the last chapter. The Court annulled a judgment of the General Court and referred the case back to the General Court. In fact this […]
Mehr lesen
Keine Kommentare
10. Januar 2014  |   State Aid Uncovered von Phedon Nicolaides

The Non-Equivalence of the Various Methods of Supporting Green Electricity
electrical sockets
Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case C-379/98], Member States have been grappling with the question of how to support electricity from renewable resources [green electricity] without granting State aid. In PreussenElektra the Court found that there was no transfer of state resources and no State aid, because the German government imposed […]
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, um aktuelle Informationen über rechtliche Entwicklungen, bevorstehende Konferenzen, Seminare und Publikationen zu erhalten.

Bleiben Sie auf dem Laufenden: Newsletter Abonnement