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 ×

5. März 2019  |   State Aid Uncovered von Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
Mehr lesen
2 Kommentare
27. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid
State Aid Blogs - StateAidHub blogpost8 Maritim Ferry Port StateAid Lexxion
State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state.   Introduction A […]
Mehr lesen
Keine Kommentare
19. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Support for Non-Performing Loans in Cyprus
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public assistance to households to pay for their mortgages is not State aid. Public assistance to enterprises to pay for their loans may be qualified as de minimis aid. Public assistance to households and de minimis aid to enterprises to pay for their loans are indirect aid to banks, which, however, falls outside the directive on bank recovery and resolution […]
Mehr lesen
Keine Kommentare
14. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

What Does a Private Investor Take into Account before Investing?
State Aid Blogs - StateAidHub blogpost6 2019 Lexxion investment Stateaid commission EU telecom
A private investor may invest in a troubled company that is restructuring is order to increase its future profitability.   Introduction   The answer to the question posed above is short and simple: everything relevant. A private investor does not ignore anything that can affect the profitability of the prospective investment.This implies that the other side of the coin is […]
Mehr lesen
Keine Kommentare
12. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Pari Passu Is not Static
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time.   Introduction   When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]
Mehr lesen
Keine Kommentare
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
22. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part II
State Aid Blogs - StateAidHub Blogpost3 2019 lexxion Commission Airport Investment StateAid
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
16. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part I
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
8. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Justification of a Tax Exemption
State Aid Blogs - StateAidHub blogpost23
Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to the tax exemption.   Introduction   A tax exemption may not constitute state aid if it is justified by reasons which are linked to the nature or general scheme of the tax system. This is what the Court of Justice said on 19 December 2018, […]
Mehr lesen
Keine Kommentare
21. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

Infrastructure Projects, State Guarantees and Distortion of Competition
State Aid Blogs - SAH blogpost51 52 stateaid infrastructure guarantees
State guarantees must be limited in duration and amount and the conditions for their mobilization must be defined in advance. Public funding to an operator in a closed sector does not affect trade and, therefore, does not constitute State aid.   Introduction Large infrastructure projects are complex, encounter many unforeseen problems and often fall behind schedule for years. Consider, for […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

5. März 2019  |   State Aid Uncovered von Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
Mehr lesen
2 Kommentare
27. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid
State Aid Blogs - StateAidHub blogpost8 Maritim Ferry Port StateAid Lexxion
State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state.   Introduction A […]
Mehr lesen
Keine Kommentare
19. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Support for Non-Performing Loans in Cyprus
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public assistance to households to pay for their mortgages is not State aid. Public assistance to enterprises to pay for their loans may be qualified as de minimis aid. Public assistance to households and de minimis aid to enterprises to pay for their loans are indirect aid to banks, which, however, falls outside the directive on bank recovery and resolution […]
Mehr lesen
Keine Kommentare
14. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

What Does a Private Investor Take into Account before Investing?
State Aid Blogs - StateAidHub blogpost6 2019 Lexxion investment Stateaid commission EU telecom
A private investor may invest in a troubled company that is restructuring is order to increase its future profitability.   Introduction   The answer to the question posed above is short and simple: everything relevant. A private investor does not ignore anything that can affect the profitability of the prospective investment.This implies that the other side of the coin is […]
Mehr lesen
Keine Kommentare
12. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Pari Passu Is not Static
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time.   Introduction   When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]
Mehr lesen
Keine Kommentare
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
22. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part II
State Aid Blogs - StateAidHub Blogpost3 2019 lexxion Commission Airport Investment StateAid
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
16. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part I
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
8. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Justification of a Tax Exemption
State Aid Blogs - StateAidHub blogpost23
Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to the tax exemption.   Introduction   A tax exemption may not constitute state aid if it is justified by reasons which are linked to the nature or general scheme of the tax system. This is what the Court of Justice said on 19 December 2018, […]
Mehr lesen
Keine Kommentare
21. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

Infrastructure Projects, State Guarantees and Distortion of Competition
State Aid Blogs - SAH blogpost51 52 stateaid infrastructure guarantees
State guarantees must be limited in duration and amount and the conditions for their mobilization must be defined in advance. Public funding to an operator in a closed sector does not affect trade and, therefore, does not constitute State aid.   Introduction Large infrastructure projects are complex, encounter many unforeseen problems and often fall behind schedule for years. Consider, for […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

5. März 2019  |   State Aid Uncovered von Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2
The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]
Mehr lesen
2 Kommentare
27. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid
State Aid Blogs - StateAidHub blogpost8 Maritim Ferry Port StateAid Lexxion
State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state.   Introduction A […]
Mehr lesen
Keine Kommentare
19. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Support for Non-Performing Loans in Cyprus
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public assistance to households to pay for their mortgages is not State aid. Public assistance to enterprises to pay for their loans may be qualified as de minimis aid. Public assistance to households and de minimis aid to enterprises to pay for their loans are indirect aid to banks, which, however, falls outside the directive on bank recovery and resolution […]
Mehr lesen
Keine Kommentare
14. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

What Does a Private Investor Take into Account before Investing?
State Aid Blogs - StateAidHub blogpost6 2019 Lexxion investment Stateaid commission EU telecom
A private investor may invest in a troubled company that is restructuring is order to increase its future profitability.   Introduction   The answer to the question posed above is short and simple: everything relevant. A private investor does not ignore anything that can affect the profitability of the prospective investment.This implies that the other side of the coin is […]
Mehr lesen
Keine Kommentare
12. Februar 2019  |   State Aid Uncovered von Phedon Nicolaides

Pari Passu Is not Static
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time.   Introduction   When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]
Mehr lesen
Keine Kommentare
29. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%.   Introduction It is a well-established principle […]
Mehr lesen
Keine Kommentare
22. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part II
State Aid Blogs - StateAidHub Blogpost3 2019 lexxion Commission Airport Investment StateAid
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
16. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part I
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]
Mehr lesen
Keine Kommentare
8. Januar 2019  |   State Aid Uncovered von Phedon Nicolaides

Justification of a Tax Exemption
State Aid Blogs - StateAidHub blogpost23
Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to the tax exemption.   Introduction   A tax exemption may not constitute state aid if it is justified by reasons which are linked to the nature or general scheme of the tax system. This is what the Court of Justice said on 19 December 2018, […]
Mehr lesen
Keine Kommentare
21. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

Infrastructure Projects, State Guarantees and Distortion of Competition
State Aid Blogs - SAH blogpost51 52 stateaid infrastructure guarantees
State guarantees must be limited in duration and amount and the conditions for their mobilization must be defined in advance. Public funding to an operator in a closed sector does not affect trade and, therefore, does not constitute State aid.   Introduction Large infrastructure projects are complex, encounter many unforeseen problems and often fall behind schedule for years. Consider, for […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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