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

Guest State Aid Blog ×

14. November 2017 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid

State Aid Blogs - m 4 1

Any alteration of an existing aid measure can affect the substance of the measure itself. A deviation from the conditions of authorisation may turn existing aid into new aid. Alteration or deviation from the conditions of authorisation that affect the compatibility of an existing aid measure, can result in the granting of new aid. A Member State that alters an […]

Keine Kommentare

24. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

Private Creditor Test

State Aid Blogs - SAH Blog26 GBERd

The Commission must apply the private creditor test even if a Member State does not request it or believes that it is not relevant. Introduction Private investors always have two options: to invest or not to invest. They choose the option that generates the largest amount of profit or revenue. Similarly, private creditors also have two options: call in […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

23. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?

State Aid Blogs - m 18

Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]

Keine Kommentare

11. April 2017 | State Aid Uncovered von Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services

State Aid Blogs - m 24

The scope of public service obligations must be proportional to the identified market failure. Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]

Keine Kommentare

7. Februar 2017 | State Aid Uncovered von Phedon Nicolaides

The Scope of Public Service Obligations

State Aid Blogs - m 32

Public service obligations may cover both profitable and unprofitable segments of the market. Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

Keine Kommentare

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

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

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

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

« Vorherige Seite Nächste Seite »

Guest State Aid Blog ×

14. November 2017 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid

State Aid Blogs - m 4 1

Any alteration of an existing aid measure can affect the substance of the measure itself. A deviation from the conditions of authorisation may turn existing aid into new aid. Alteration or deviation from the conditions of authorisation that affect the compatibility of an existing aid measure, can result in the granting of new aid. A Member State that alters an […]

Keine Kommentare

24. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

Private Creditor Test

State Aid Blogs - SAH Blog26 GBERd

The Commission must apply the private creditor test even if a Member State does not request it or believes that it is not relevant. Introduction Private investors always have two options: to invest or not to invest. They choose the option that generates the largest amount of profit or revenue. Similarly, private creditors also have two options: call in […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

23. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?

State Aid Blogs - m 18

Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]

Keine Kommentare

11. April 2017 | State Aid Uncovered von Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services

State Aid Blogs - m 24

The scope of public service obligations must be proportional to the identified market failure. Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]

Keine Kommentare

7. Februar 2017 | State Aid Uncovered von Phedon Nicolaides

The Scope of Public Service Obligations

State Aid Blogs - m 32

Public service obligations may cover both profitable and unprofitable segments of the market. Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

Keine Kommentare

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

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

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

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

« Vorherige Seite Nächste Seite »

Guest State Aid Blog ×

14. November 2017 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid

State Aid Blogs - m 4 1

Any alteration of an existing aid measure can affect the substance of the measure itself. A deviation from the conditions of authorisation may turn existing aid into new aid. Alteration or deviation from the conditions of authorisation that affect the compatibility of an existing aid measure, can result in the granting of new aid. A Member State that alters an […]

Keine Kommentare

24. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

Private Creditor Test

State Aid Blogs - SAH Blog26 GBERd

The Commission must apply the private creditor test even if a Member State does not request it or believes that it is not relevant. Introduction Private investors always have two options: to invest or not to invest. They choose the option that generates the largest amount of profit or revenue. Similarly, private creditors also have two options: call in […]

Keine Kommentare

4. Oktober 2017 | State Aid Uncovered von Phedon Nicolaides

The Necessity and Proportionality of Regional Aid

State Aid Blogs - m 5 1

The Commission must open the formal investigation procedure when it has serious doubts about the compatibility of State aid. The aid that is necessary to induce a company to locate its investment in an assisted region is the amount that covers the difference in costs between the assisted region and the best alternative location. This amount is also proportional. […]

Keine Kommentare

23. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

What Costs Are Charged by Public Authorities when they Act as Market Operators?

State Aid Blogs - m 18

Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant costs are those which are causally linked to the agreements between users and operators. Introduction The rules in the Treaty on the Functioning of the European Union are neutral in their treatment of private or state-owned companies [Article 345 TFEU]. This means that companies cannot […]

Keine Kommentare

11. April 2017 | State Aid Uncovered von Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services

State Aid Blogs - m 24

The scope of public service obligations must be proportional to the identified market failure. Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]

Keine Kommentare

7. Februar 2017 | State Aid Uncovered von Phedon Nicolaides

The Scope of Public Service Obligations

State Aid Blogs - m 32

Public service obligations may cover both profitable and unprofitable segments of the market. Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

Keine Kommentare

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

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

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

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

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