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

1. Januar 2018 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – January 2018

Judge gavel with law books

Judge gavel with law books

Find below the court’s diary for all State aid cases this month. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us ([email protected]), we are happy to publish your comment on the blog. Tuesday 16/01/2018 Judgment in case T-747/15 – EDF v Commission (General Court – Third Chamber) Wednesday 17/01/2018 Judgment […]

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27. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

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

State Aid Blogs - m 36

State Aid Blogs - m 36

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. Introduction Is it possible for a public authority to grant State aid through a defective procurement procedure? The answer […]

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21. Dezember 2017 | State Aid Uncovered von Lexxion Publisher

Top 5 State Aid Uncovered Posts in 2017

State Aid Blogs - m 1 2

State Aid Blogs - m 1 2

Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides many more, have moved and shaped this year’s judgments on State aid. Also Brexit and its meaning for State aid control in the UK has been on everyone’s mind. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2017. We have […]

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19. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

Sport and Trade

State Aid Blogs - m 2 2

State Aid Blogs - m 2 2

State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment. Introduction The article this week continues with the theme of affectation of trade that […]

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12. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

How to Determine whether State Aid Affects Trade

State Aid Blogs - 12.12.17cross border trade StateAid

State Aid Blogs - 12.12.17cross border trade StateAid

Article 107(1) requires the assessment of both the direct and indirect impact of a public measure on cross-border trade. The direct impact is the effect on the cross-border movement of products or customers of the aid recipient or of its competitors. The indirect impact is the effect on the cross-border movement of the aid recipient itself or its competitors. […]

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5. Dezember 2017 | State Aid Uncovered von Phedon Nicolaides

Imputability of an Aid Measure to the State Does not Require a Counterfactual

State Aid Blogs - 05.12.Imputability of Aid State aidz

State Aid Blogs - 05.12.Imputability of Aid State aidz

The fact that the state owns an undertaking is not enough to prove that the decisions of that undertaking can be attributed to the state. However, it is sufficient that the state was involved in the particular decision that transferred state resources for the benefit of another undertaking. Introduction Several recent articles on this blog have examined the concept […]

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30. November 2017 | State Aid Uncovered von Phedon Nicolaides

The Legal Basis of the (In)compatibility of Aid Must be Clear

State Aid Blogs - m 3 2

State Aid Blogs - m 3 2

The European Commission may withdraw a decision, but before it adopts a new decision it must give an opportunity to interested parties to submit their comments, especially, if it changes the legal basis of the assessment of the compatibility of the aid. Introduction The most frequent reasons for which the Commission finds aid to be incompatible with the internal […]

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21. November 2017 | State Aid Uncovered von Phedon Nicolaides

i) Transfer of State Resources, ii) Non-recovery of Incompatible Aid, iii) Primacy of Agricultural Policy over Competition Policy

State Aid Blogs - 21.11.State resources State control

State Aid Blogs - 21.11.State resources State control

Private resources that come under the control of a public authority become state resources. The only defence for not recovering incompatible aid is absolute impossibility. Agricultural policy objectives take precedence over those of competition policy. Introduction This article reviews a case involving transfer of state resources and a case concerning failure to recovery of incompatible State aid. It also draws […]

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14. November 2017 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid

State Aid Blogs - m 4 1

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 […]

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7. November 2017 | State Aid Uncovered von Phedon Nicolaides

Indirect v Secondary Effects of State Aid

State Aid Blogs - 07.11.sardinia airport State aid

State Aid Blogs - 07.11.sardinia airport State aid

The prohibition of State aid in Article 107(1) of the Treaty applies both to the direct and indirect beneficiaries of aid. The direct and indirect beneficiaries are those who are intentionally targeted by the aid. Secondary effects are benefits which are inherent in an aid measure and which are not targeted at specific undertakings. Introduction Public funding for the […]

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6. Juni 2017 | State Aid Uncovered von Phedon Nicolaides

Transfer of State Assets between State-Owned Companies

State Aid Blogs - m 16

State Aid Blogs - m 16

Transfers of public assets for the purpose of extinguishing debt have to be valued according to private creditor principle. Transfers of public assets that involve State aid must be notified to the Commission. Introduction Sale or transfer of state assets is a tricky process. A possible undervaluation of the assets results in State aid for the benefit of the […]

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29. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

The Art, Science and Law of Funding Services of General Economic Interest

State Aid Blogs - m 17

State Aid Blogs - m 17

The compulsory nature of an assigned public mission makes the services covered by the mission different from those provided by market operators for profit. Introduction The justification of government intervention for the purpose of ensuring delivery of adequate services of general economic interest [SGEI] and the design of measures that compensate providers of SGEI can be very tricky. This […]

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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

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 […]

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16. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

Regional Investment Aid and Sale of Land

State Aid Blogs - m 19

State Aid Blogs - m 19

A company that applies for State aid is considered to acquire a right to that aid when assurances it has received from the granting authority can be enforced in court. The price of land can be reduced by the cost that a new owner would expend to make the land usable. Introduction In decision SA.40448, the Commission assessed aid […]

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9. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

Bank Resolution Has to Comply with State Aid Rules as well as the Banking Recovery and Resolution Directive

State Aid Blogs - StateAidHub blogpost43 privateinvestor

State Aid Blogs - StateAidHub blogpost43 privateinvestor

Insurance funds contributed by banks become state resources if they are managed by public agencies. Sale of non-performing loans at market prices does not involve State aid. Introduction Since 1 January 2016, the resolution financial institutions in Europe has been subject to stricter rules. The institutions which are established in the Eurozone fall with the jurisdiction of the Single […]

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3. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

Identification of the Reference Tax System: The Case of a Tax on Advertising Turnover

State Aid Blogs - m 20

State Aid Blogs - m 20

Turnover taxes should be levied at a single rate. Introduction This is the fourth case involving turnover taxes that have been declared to be incompatible with the internal market [see Commission decision 2017/329].[1] A brief summary was published here on 13 December 2016 [http://stateaidhub.eu/blogs/stateaiduncovered/post/7697]. The reasoning of the Commission follows closely that of the other cases. However, what makes this case […]

Ein Kommentar

26. April 2017 | State Aid Uncovered von Phedon Nicolaides

A Postscript on Brexit and State Aid

State Aid Blogs - m 21

State Aid Blogs - m 21

A short note on the previous blog post on State aid control in the UK after its withdrawal from the EU. A few weeks ago, I wrote an article on State aid control in the UK after its withdrawal from the European Union [http://stateaidhub.eu/blogs/stateaiduncovered/post/8330]. In that article I suggested that the UK would maintain the same or a similar […]

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25. April 2017 | State Aid Uncovered von Phedon Nicolaides

Public Support for Nature Conservation is not State Aid

State Aid Blogs - m 22

State Aid Blogs - m 22

A nominal price may be charged for genuine non-economic services as long as it supports the achievement of the non-economic objective and covers only a small part of total costs. Introduction Germany notified two measures of support for nature conservation in Saxony-Anhalt. Measure 1 [SA.45645] concerned projects of nature conservation and landscape maintenance.[1] Measure 2 [SA.46073] concerned aid to associations […]

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18. April 2017 | State Aid Uncovered von Phedon Nicolaides

Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market

State Aid Blogs - m 23

State Aid Blogs - m 23

Compliance with public service obligations imposed on a provider of services of general economic interest should not be left to the discretion of that provider. Introduction Last week’s article examined a public service obligation for providing maritime links to Corsica (view it here: http://stateaidhub.eu/blogs/stateaiduncovered/post/8370). This week’s article reviews a similar obligation for maritime links to the neighbouring island of Sardinia. […]

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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

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 […]

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