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 ×

6. März 2018 | State Aid Uncovered von Phedon Nicolaides

State Aid for R&D

State Aid Blogs - m 5

A large amount of State aid can still be compatible with the internal market if it meets all of the requirements of the RDI Framework. Introduction Since the coming into force of the GBER, only very few cases of R&D have been notified to the Commission. This means that it is not so obvious how the State aid […]

Keine Kommentare

27. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Economic Activities in a System of Social Solidarity

State Aid Blogs - 27.02.18 Economic Activities HealthInsurance State Aid

Entities that pursue profit must be classified as undertakings. Introduction On 5 February 2018, the General Court annulled Commission decision 2015/248 concerning health insurance in Slovakia [see judgment in case T‑216/15, Dôvera zdravotná poist’ovňa et al v European Commission].[1] The Commission decision was reviewed here on 10 March 2015.(View article at http://stateaidhub.eu/blogs/stateaiduncovered/post/1707.)The Commission had concluded that the providers of health […]

5 Kommentare

20. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

What Happens when Things Go Wrong

State Aid Blogs - 20.02.18 StateAid

Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]

Keine Kommentare

13. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Investment in Airport Infrastructure

State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash

Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor. Introduction On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]

Ein Kommentar

6. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission

State Aid Blogs - 17.10. imputability stateaid

A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]

Keine Kommentare

30. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

The Puzzle of the State Acting as a Regulator

State Aid Blogs - joao silas UGQoo2nznz8 unsplash

When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources. Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]

Ein Kommentar

23. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Danish Horse Racing

State Aid Blogs - horse betting Denmark State Aid

Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures. Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]

Keine Kommentare

16. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Selectivity Requires Comparison

State Aid Blogs - ah life rd2jRzEum9g unsplash

To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1] On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]

2 Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

6. März 2018 | State Aid Uncovered von Phedon Nicolaides

State Aid for R&D

State Aid Blogs - m 5

A large amount of State aid can still be compatible with the internal market if it meets all of the requirements of the RDI Framework. Introduction Since the coming into force of the GBER, only very few cases of R&D have been notified to the Commission. This means that it is not so obvious how the State aid […]

Keine Kommentare

27. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Economic Activities in a System of Social Solidarity

State Aid Blogs - 27.02.18 Economic Activities HealthInsurance State Aid

Entities that pursue profit must be classified as undertakings. Introduction On 5 February 2018, the General Court annulled Commission decision 2015/248 concerning health insurance in Slovakia [see judgment in case T‑216/15, Dôvera zdravotná poist’ovňa et al v European Commission].[1] The Commission decision was reviewed here on 10 March 2015.(View article at http://stateaidhub.eu/blogs/stateaiduncovered/post/1707.)The Commission had concluded that the providers of health […]

5 Kommentare

20. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

What Happens when Things Go Wrong

State Aid Blogs - 20.02.18 StateAid

Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]

Keine Kommentare

13. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Investment in Airport Infrastructure

State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash

Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor. Introduction On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]

Ein Kommentar

6. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission

State Aid Blogs - 17.10. imputability stateaid

A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]

Keine Kommentare

30. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

The Puzzle of the State Acting as a Regulator

State Aid Blogs - joao silas UGQoo2nznz8 unsplash

When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources. Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]

Ein Kommentar

23. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Danish Horse Racing

State Aid Blogs - horse betting Denmark State Aid

Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures. Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]

Keine Kommentare

16. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Selectivity Requires Comparison

State Aid Blogs - ah life rd2jRzEum9g unsplash

To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1] On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]

2 Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

6. März 2018 | State Aid Uncovered von Phedon Nicolaides

State Aid for R&D

State Aid Blogs - m 5

A large amount of State aid can still be compatible with the internal market if it meets all of the requirements of the RDI Framework. Introduction Since the coming into force of the GBER, only very few cases of R&D have been notified to the Commission. This means that it is not so obvious how the State aid […]

Keine Kommentare

27. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Economic Activities in a System of Social Solidarity

State Aid Blogs - 27.02.18 Economic Activities HealthInsurance State Aid

Entities that pursue profit must be classified as undertakings. Introduction On 5 February 2018, the General Court annulled Commission decision 2015/248 concerning health insurance in Slovakia [see judgment in case T‑216/15, Dôvera zdravotná poist’ovňa et al v European Commission].[1] The Commission decision was reviewed here on 10 March 2015.(View article at http://stateaidhub.eu/blogs/stateaiduncovered/post/1707.)The Commission had concluded that the providers of health […]

5 Kommentare

20. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

What Happens when Things Go Wrong

State Aid Blogs - 20.02.18 StateAid

Only EU institutions can provide assurances that aid is granted legally. The amount of State aid in a state guarantee given to a company in difficulty can be equal to the amount of the guaranteed loan. The simultaneity of public and private investments is not enough to ensure that the public investment is at market terms. They must also be […]

Keine Kommentare

13. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

Investment in Airport Infrastructure

State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash

Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment in infrastructure used for economic purposes does not constitute State aid if the investment can generate a return that is acceptable to a private investor. Introduction On 25 January 2018, the General Court ruled in case T-818/14, Brussels South Charleroi Airport v Commission.[1] Brussels […]

Ein Kommentar

6. Februar 2018 | State Aid Uncovered von Phedon Nicolaides

How a Private Investor Behaves: EDF v Commission

State Aid Blogs - 17.10. imputability stateaid

A private investor carries out an assessment of the prospective profitability of a company before it invests in it. Ex post assessment is not sufficient. Evidence that the investment is likely to be profitable is not enough. The return must be high enough to satisfy a private investor in a similar situation (by compensating it for the risk it assumes). […]

Keine Kommentare

30. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

The Puzzle of the State Acting as a Regulator

State Aid Blogs - joao silas UGQoo2nznz8 unsplash

When the state exercises its regulatory tasks, it does not have to demand fees and therefore it does not forgo potential state resources. Introduction A few weeks ago the Commission considered whether the regulatory actions of the state fell within the scope of Article 107(1) TFEU. In decision SA.42028 concerning aid to Yliopiston Apteekki Oy in Finland, the Commission […]

Ein Kommentar

23. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Danish Horse Racing

State Aid Blogs - horse betting Denmark State Aid

Taxes hypothecated to State aid measures fall within the scope of the assessment of the compatibility of those measures. Introduction Operating aid is not normally allowed. Yet, in decision SA.48604 concerning horse-racing betting in Denmark the Commission appears to have authorised operating aid.[1] This measure was approved within six months. In the post-SAM, it must be one of the […]

Keine Kommentare

16. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Selectivity Requires Comparison

State Aid Blogs - ah life rd2jRzEum9g unsplash

To determine whether a measure is selective it is necessary to compare the beneficiary companies to other companies which are in a similar situation and determine whether the latter receive the same advantage. Introduction[1] On 20 December 2017, the Court of Justice delivered three judgments in appeals against rulings of the General Court concerning the expansion of digital terrestrial television […]

2 Kommentare

9. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

Structural Disadvantages and Regional Aid

State Aid Blogs - StateAidHub blogpost35 port concessions

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks to remedy market failure is selective. State aid that is compatible with the internal market must be necessary to achieve an objective of the Treaty and be capable of incentivising a change in the behaviour of the recipient undertakings. Introduction On 13 December 2017, […]

Keine Kommentare

2. Januar 2018 | State Aid Uncovered von Phedon Nicolaides

PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?

State Aid Blogs - marcin jozwiak 44YvpqQ595w unsplash

When Member States act as regulators they need not maximise revenue from the granting of concessions rights. When Member States act as regulators they must grant concession rights on the basis of procedures which are competitive, transparent, non-discriminatory and unconditional. Part II: Public procurement principles[1] Principles for selection of concession holders The Commission examined also, in addition to the […]

Keine Kommentare

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