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. Juni 2017  |   State Aid Uncovered von Phedon Nicolaides

Transfer of State Assets between State-Owned Companies
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
16. Mai 2017  |   State Aid Uncovered von Phedon Nicolaides

Regional Investment Aid and Sale of Land
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Ein Kommentar
26. April 2017  |   State Aid Uncovered von Phedon Nicolaides

A Postscript on Brexit and State Aid
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 […]
Mehr lesen
Keine Kommentare
25. April 2017  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
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 […]
Mehr lesen
Keine Kommentare
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
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. […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

6. Juni 2017  |   State Aid Uncovered von Phedon Nicolaides

Transfer of State Assets between State-Owned Companies
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
16. Mai 2017  |   State Aid Uncovered von Phedon Nicolaides

Regional Investment Aid and Sale of Land
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Ein Kommentar
26. April 2017  |   State Aid Uncovered von Phedon Nicolaides

A Postscript on Brexit and State Aid
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 […]
Mehr lesen
Keine Kommentare
25. April 2017  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
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 […]
Mehr lesen
Keine Kommentare
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
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. […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

6. Juni 2017  |   State Aid Uncovered von Phedon Nicolaides

Transfer of State Assets between State-Owned Companies
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
16. Mai 2017  |   State Aid Uncovered von Phedon Nicolaides

Regional Investment Aid and Sale of Land
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Ein Kommentar
26. April 2017  |   State Aid Uncovered von Phedon Nicolaides

A Postscript on Brexit and State Aid
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 […]
Mehr lesen
Keine Kommentare
25. April 2017  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
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 […]
Mehr lesen
Keine Kommentare
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
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. […]
Mehr lesen
Keine Kommentare
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
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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