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 ×

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 […]

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 […]

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 […]

Keine Kommentare

18. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions

State Aid Blogs - State Aid Uncovered photos 18

Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]

Keine Kommentare

11. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries

State Aid Blogs - State Aid Uncovered photos 17

Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

28. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

A Research Project Based on Collaboration with a Research Organisation

State Aid Blogs - State Aid Uncovered photos 15

Introduction After pre-notification contacts, Croatia notified, in March 2023, State aid amounting to a EUR 179.5 million for an R&D project regarding the development of an innovative autonomous electric vehicle [a “robo-taxi”]. The aid, in the form of a grant, was to be provided to Project 3 Mobility LLC [P3M]. The Commission approved it in decision SA.101759.1 The aid beneficiary, […]

Keine Kommentare

21. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Authorisation of State Aid after the Start of a Project

State Aid Blogs - State Aid Uncovered photos 13

Introduction In June 2021, the European Commission, in decision SA.55526, approved an amount of EUR 167 million of State aid for the construction and operation of a liquefied natural gas [LNG] terminal close to Alexandroupolis in northern Greece. In December 2022, Greece notified a measure involving additional State aid of EUR 106 million for the same project. The Commission authorised […]

Keine Kommentare

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

7. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Public Procurement and State Aid

State Aid Blogs - State Aid Uncovered photos 2

Introduction A faulty public procurement procedure or the use of discriminatory selection criteria can confer an advantage on the chosen undertaking that may constitute an advantage in the meaning of Article 107(1) TFEU. The result will be infringement of both public procurement rules and State aid rules. A recent Commission decision, SA.47650, is instructive on how Member States should design […]

Keine Kommentare

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State Aid Uncovered ×

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 […]

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 […]

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 […]

Keine Kommentare

18. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions

State Aid Blogs - State Aid Uncovered photos 18

Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]

Keine Kommentare

11. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries

State Aid Blogs - State Aid Uncovered photos 17

Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

28. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

A Research Project Based on Collaboration with a Research Organisation

State Aid Blogs - State Aid Uncovered photos 15

Introduction After pre-notification contacts, Croatia notified, in March 2023, State aid amounting to a EUR 179.5 million for an R&D project regarding the development of an innovative autonomous electric vehicle [a “robo-taxi”]. The aid, in the form of a grant, was to be provided to Project 3 Mobility LLC [P3M]. The Commission approved it in decision SA.101759.1 The aid beneficiary, […]

Keine Kommentare

21. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Authorisation of State Aid after the Start of a Project

State Aid Blogs - State Aid Uncovered photos 13

Introduction In June 2021, the European Commission, in decision SA.55526, approved an amount of EUR 167 million of State aid for the construction and operation of a liquefied natural gas [LNG] terminal close to Alexandroupolis in northern Greece. In December 2022, Greece notified a measure involving additional State aid of EUR 106 million for the same project. The Commission authorised […]

Keine Kommentare

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

7. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Public Procurement and State Aid

State Aid Blogs - State Aid Uncovered photos 2

Introduction A faulty public procurement procedure or the use of discriminatory selection criteria can confer an advantage on the chosen undertaking that may constitute an advantage in the meaning of Article 107(1) TFEU. The result will be infringement of both public procurement rules and State aid rules. A recent Commission decision, SA.47650, is instructive on how Member States should design […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

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 […]

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 […]

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 […]

Keine Kommentare

18. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions

State Aid Blogs - State Aid Uncovered photos 18

Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]

Keine Kommentare

11. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries

State Aid Blogs - State Aid Uncovered photos 17

Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

28. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

A Research Project Based on Collaboration with a Research Organisation

State Aid Blogs - State Aid Uncovered photos 15

Introduction After pre-notification contacts, Croatia notified, in March 2023, State aid amounting to a EUR 179.5 million for an R&D project regarding the development of an innovative autonomous electric vehicle [a “robo-taxi”]. The aid, in the form of a grant, was to be provided to Project 3 Mobility LLC [P3M]. The Commission approved it in decision SA.101759.1 The aid beneficiary, […]

Keine Kommentare

21. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Authorisation of State Aid after the Start of a Project

State Aid Blogs - State Aid Uncovered photos 13

Introduction In June 2021, the European Commission, in decision SA.55526, approved an amount of EUR 167 million of State aid for the construction and operation of a liquefied natural gas [LNG] terminal close to Alexandroupolis in northern Greece. In December 2022, Greece notified a measure involving additional State aid of EUR 106 million for the same project. The Commission authorised […]

Keine Kommentare

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

State Aid Blogs - State Aid Uncovered photos 12

Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

Keine Kommentare

7. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Public Procurement and State Aid

State Aid Blogs - State Aid Uncovered photos 2

Introduction A faulty public procurement procedure or the use of discriminatory selection criteria can confer an advantage on the chosen undertaking that may constitute an advantage in the meaning of Article 107(1) TFEU. The result will be infringement of both public procurement rules and State aid rules. A recent Commission decision, SA.47650, is instructive on how Member States should design […]

Keine Kommentare

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