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

19. Dezember 2023  |   State Aid Uncovered von Phedon Nicolaides

Indirect Advantage
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Introduction It is an established principle in the State aid case law that Article 107(1) TFEU applies both to direct and possibly indirect aid beneficiaries. Yet, it is not always easy to identify any indirect beneficiaries. On 15 November 2023, the General Court, in case T-167/21, European Gaming and Betting Association v European Commission, faulted the latter for failing to […]
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11. Dezember 2023  |   State Aid Uncovered von Phedon Nicolaides

Member States Have Discretion to Determine their Own Tax System and Interpret its Provisions
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Introduction In the landmark cases on turnover taxes implemented by Hungary and Poland, the Court of Justice censured the European Commission for defining its own hypothetical reference tax system that was different from the relevant tax provisions in those two countries. The Court again faulted the Commission in its more recent judgments on advance tax rulings. Given the discretion of […]
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4. Dezember 2023  |   State Aid Uncovered von Phedon Nicolaides

The Concept of Undertaking and Land Valuation
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Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]
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27. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage Caused by COVID-19 May be Limited to the Undertakings that Are Most Important to the Economy of a Member Stat
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Introduction On 23 November 2023, Ryanair lost another appeal before the Court of Justice. The Court ruled, in case C-210/21 P, Ryanair v Commission, that the General Court was right to dismiss Ryanair’s request for annulment of a Commission decision that had authorised French aid to compensate airlines for the damage they suffered as a result of the covid-19-related travel […]
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20. November 2023  |   State Aid Uncovered von Phedon Nicolaides

State Guarantees
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Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]
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16. November 2023  |   Guest State Aid Blog von Michał Bernat

The Interplay of R&D Works and Formal Incentive Effect Rules
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The Interplay of R&D Works and Formal Incentive Effect Rules Michał Bernat.1 The issue mentioned in the title appears at first sight rather uncontroversial, as it is instinctively understood that research and development (R&D) works do not form part of an investment towards which they are directed, but this brief note raises certain issues arising in that respect which have […]
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14. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Start of Works
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Introduction Perhaps the most important criterion for the compatibility of State aid with the internal market is the incentive effect. This means that State aid is capable of changing the behaviour of the recipient undertaking. State aid is normally considered not to have an incentive effect when the recipient undertaking is already committed to launch a project or has already […]
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7. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Whether a Tax Measure Grants New Aid Must also be Assessed in the Context of the Relevant National Case Law
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Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
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31. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)
State Aid Blogs - Untitled design 9
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
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24. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)
State Aid Blogs - Untitled design 8
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
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4. Dezember 2023  |   State Aid Uncovered von Phedon Nicolaides

The Concept of Undertaking and Land Valuation
State Aid Blogs - Untitled design 15
Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]
Mehr lesen
Keine Kommentare
27. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage Caused by COVID-19 May be Limited to the Undertakings that Are Most Important to the Economy of a Member Stat
State Aid Blogs - Untitled design 28
Introduction On 23 November 2023, Ryanair lost another appeal before the Court of Justice. The Court ruled, in case C-210/21 P, Ryanair v Commission, that the General Court was right to dismiss Ryanair’s request for annulment of a Commission decision that had authorised French aid to compensate airlines for the damage they suffered as a result of the covid-19-related travel […]
Mehr lesen
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20. November 2023  |   State Aid Uncovered von Phedon Nicolaides

State Guarantees
State Aid Blogs - Untitled design 14
Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]
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Keine Kommentare
14. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Start of Works
State Aid Blogs - Untitled design 27
Introduction Perhaps the most important criterion for the compatibility of State aid with the internal market is the incentive effect. This means that State aid is capable of changing the behaviour of the recipient undertaking. State aid is normally considered not to have an incentive effect when the recipient undertaking is already committed to launch a project or has already […]
Mehr lesen
Keine Kommentare
7. November 2023  |   State Aid Uncovered von Phedon Nicolaides

Whether a Tax Measure Grants New Aid Must also be Assessed in the Context of the Relevant National Case Law
State Aid Blogs - Untitled design 11
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
Mehr lesen
Keine Kommentare
31. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)
State Aid Blogs - Untitled design 9
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
Mehr lesen
Keine Kommentare
24. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)
State Aid Blogs - Untitled design 8
Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]
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Keine Kommentare
17. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage
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Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]
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10. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

Advance Tax Rulings
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Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]
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2. Oktober 2023  |   State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market
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Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]
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19. Oktober 2016  |   Guest State Aid Blog von Gherardo Carullo

Right of Access and State Aid Procedures: a Look at the General Presumption of Confidentiality and the Overriding Public Interest in Case C-271/15, Sea Handling v Commission
airplane flying
Today we are glad to welcome Dr. Gherardo Carullo, research fellow and Ph.D. in law at University of Milan, LL.M. (King’s College London), to our State Aid Blog. He specialises in public law, from a national and European perspective, and in particular in State intervention in the markets, both in his academic studies and in the legal profession. In this […]
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5. Oktober 2016  |   Guest State Aid Blog von Erika Szyszczak

Article 263(4) TFEU: Third Party Challenges to State Aid Decisions
gavel
We are happy to welcome back Prof Erika Szyszczak on the State Aid Blog today. She is Professor of Law and Fellow of the UK Trade Policy Observatory at University of Sussex and practising barrister and ADR mediator at Littleton Chambers, Temple, London. Today she shares her views on two cases that shed new light on third party rights to […]
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14. September 2016  |   Guest State Aid Blog von Michał Bernat

Polish Green Certificates Held by the Commission to Be Compatible State Aid: a Curious Story Comes to an End
windmills
We are happy to welcome Dr Michał Bernat on the State Aid Blog today. He is a legal and tax adviser and State aid expert at the Dentons offices in Warsaw. Today he shares his insights on a decision in a case involving Polish green certificates issued to producers of energy from renewable energy sources. Read on to learn more. […]
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1. September 2016  |   Guest State Aid Blog von Lexxion Publisher

Court’s Diary – September 2016
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 (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog.   Wednesday 14/09/2016 Judgment in Case T-57/15 – Trajektna luka Split v Commission (General Court – Seventh Chamber)   […]
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18. August 2016  |   Guest State Aid Blog von Lexxion Publisher

New Video: How to notify State aid?
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What is State aid? Why do I need to be concerned about State aid? These and many more basic questions are answered in our videos on YouTube. Make sure to visit us!   Today one of our speakers and Attaché for State aid of the Hungarian central administration, Peter Staviczky explains how you notify State aid to the European Commission. Find out how to […]
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11. August 2016  |   Guest State Aid Blog von Lexxion Publisher

New Video: What is GBER and how to use it?
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What is State aid? Why do I need to be concerned about State aid? These and many more basic questions are answered in our videos on YouTube. Make sure to visit us!   Today Alexander Rose from the Government Legal Service of the UK explains what the GBER (=General Block Exemption Regulation) is and how to use it. Watch the video, comment and […]
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1. Juli 2016  |   Guest State Aid Blog von Lexxion Publisher

Court’s Diary – July 2016
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 (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog.     Thursday 14/07/2016 Judgment in Case T-143/12 – Germany v Commission (General Court – Eigth Chamber) Tuesday 19/07/2016 […]
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22. Juni 2016  |   Guest State Aid Blog von Gian Marco Galletti

Remarks on the Infrastructure Section of the Commission Notice on the Notion of State Aid
Cable-stayed bridge across river Po in Northern Italy
Today we are glad to welcome once again Gian Marco Galletti as guest author on our State aid blog. He is a PhD Candidate & EU Law Tutor at the Dickson Poon School of Law of King’s College London. In this blog post he comments on the Commission’s new Notice on the notion of State aid. Thank you for your […]
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9. Juni 2016  |   Guest State Aid Blog von Lexxion Publisher

State Aid Goes YouTube: Visit Phedon Nicolaides on our YouTube Channel
lexxion logo and eu flags
What is State aid? Why do I need to be concerned about State aid? What is General Block Exemption Regulation (GBER) and how to use it? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   With great pleasure we announce the beginning of a new era of e-learning about […]
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2. Juni 2016  |   Guest State Aid Blog von Erika Ellyne

Frucona Revisited: Confusing EDF and Placing the Burden of Proof Where it Belongs
computer kayboard
We are happy to welcome Erika Ellyne on the State Aid Blog today. She is a lawyer at Van Bael & Bellis law firm where she works on EU competition law matters. Previously she was a researcher at the VUB University and the LSTS research center, where she is still an affiliate. Today she gives her insights on the Frucona […]
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