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

- court of justice ×

6. Dezember 2013 | State Aid Uncovered von Phedon Nicolaides

Non-notified State Aid and the Role of National Courts C 284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn

airplane on the runway

Introduction What prevents a Member State from granting State aid without first notifying it to the European Commission? Cynics would answer “nothing, in fact”. Indeed, nothing can stop a country that is determined to provide a subsidy. But after the judgment in case Lufthansa v Frankfurt Hahn Airport, the answer must be “unnecessary hassle”. Even if there is a slight […]

Keine Kommentare

2. September 2013 | State Aid Uncovered von Phedon Nicolaides

Altmark and Public Procurement: Definition and Award of Contracts

handshake

Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public assistance to a provider of services of general economic interest [SGEI] does not constitute state aid. In this context, the relationship between the Altmark criteria and the public procurement […]

Keine Kommentare

23. August 2013 | State Aid Uncovered von Phedon Nicolaides

Selectivity and Administrative Discretion

computer keyboard

On 18 July 2013, in case C-6/12, the Court of Justice of the European Union rendered a judgment on an interesting aspect of the concept of selectivity.[1] The judgment concerned a request for preliminary ruling in a dispute between “P Oy”, a Finnish company, and Finnish tax authorities. The tax authorities refused to allow P Oy to deduct losses incurred in […]

Keine Kommentare

20. Juni 2013 | State Aid Uncovered von Phedon Nicolaides

PuState Resources and Payments between Undertakings

euro coins

Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]

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

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

25. März 2013 | State Aid Uncovered von Phedon Nicolaides

Where is the Money? The Link between Advantage and Transfer of State Resources

100 euro detail

On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an earlier ruling of the General Court in case T 425/04 France and Others v Commission which annulled Article 1 of Commission Decision 2006/621 […]

Keine Kommentare

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- court of justice ×

6. Dezember 2013 | State Aid Uncovered von Phedon Nicolaides

Non-notified State Aid and the Role of National Courts C 284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn

airplane on the runway

Introduction What prevents a Member State from granting State aid without first notifying it to the European Commission? Cynics would answer “nothing, in fact”. Indeed, nothing can stop a country that is determined to provide a subsidy. But after the judgment in case Lufthansa v Frankfurt Hahn Airport, the answer must be “unnecessary hassle”. Even if there is a slight […]

Keine Kommentare

2. September 2013 | State Aid Uncovered von Phedon Nicolaides

Altmark and Public Procurement: Definition and Award of Contracts

handshake

Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public assistance to a provider of services of general economic interest [SGEI] does not constitute state aid. In this context, the relationship between the Altmark criteria and the public procurement […]

Keine Kommentare

23. August 2013 | State Aid Uncovered von Phedon Nicolaides

Selectivity and Administrative Discretion

computer keyboard

On 18 July 2013, in case C-6/12, the Court of Justice of the European Union rendered a judgment on an interesting aspect of the concept of selectivity.[1] The judgment concerned a request for preliminary ruling in a dispute between “P Oy”, a Finnish company, and Finnish tax authorities. The tax authorities refused to allow P Oy to deduct losses incurred in […]

Keine Kommentare

20. Juni 2013 | State Aid Uncovered von Phedon Nicolaides

PuState Resources and Payments between Undertakings

euro coins

Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]

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

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

25. März 2013 | State Aid Uncovered von Phedon Nicolaides

Where is the Money? The Link between Advantage and Transfer of State Resources

100 euro detail

On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an earlier ruling of the General Court in case T 425/04 France and Others v Commission which annulled Article 1 of Commission Decision 2006/621 […]

Keine Kommentare

« Vorherige Seite

- court of justice ×

6. Dezember 2013 | State Aid Uncovered von Phedon Nicolaides

Non-notified State Aid and the Role of National Courts C 284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn

airplane on the runway

Introduction What prevents a Member State from granting State aid without first notifying it to the European Commission? Cynics would answer “nothing, in fact”. Indeed, nothing can stop a country that is determined to provide a subsidy. But after the judgment in case Lufthansa v Frankfurt Hahn Airport, the answer must be “unnecessary hassle”. Even if there is a slight […]

Keine Kommentare

2. September 2013 | State Aid Uncovered von Phedon Nicolaides

Altmark and Public Procurement: Definition and Award of Contracts

handshake

Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public assistance to a provider of services of general economic interest [SGEI] does not constitute state aid. In this context, the relationship between the Altmark criteria and the public procurement […]

Keine Kommentare

23. August 2013 | State Aid Uncovered von Phedon Nicolaides

Selectivity and Administrative Discretion

computer keyboard

On 18 July 2013, in case C-6/12, the Court of Justice of the European Union rendered a judgment on an interesting aspect of the concept of selectivity.[1] The judgment concerned a request for preliminary ruling in a dispute between “P Oy”, a Finnish company, and Finnish tax authorities. The tax authorities refused to allow P Oy to deduct losses incurred in […]

Keine Kommentare

20. Juni 2013 | State Aid Uncovered von Phedon Nicolaides

PuState Resources and Payments between Undertakings

euro coins

Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]

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

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

25. März 2013 | State Aid Uncovered von Phedon Nicolaides

Where is the Money? The Link between Advantage and Transfer of State Resources

100 euro detail

On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an earlier ruling of the General Court in case T 425/04 France and Others v Commission which annulled Article 1 of Commission Decision 2006/621 […]

Keine Kommentare

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