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 ×

State Aid on the Day after the Exit of the UK from the EU

The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!

The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]

Support for Illiquid but Solvent Banks

State aid may be granted to solvent banks which face temporary liquidity difficulties.   Introduction State aid rules have their own logic and are applied independently of other policy areas. However, in certain situations, the Commission enforces State aid rules in conjunction with linked provisions in other fields. A typical example is taxes levied on agricultural products to raise revenue […]

PART II: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure. Read PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures from 7 March 2017. Ex Post Evaluation Plan Ex post evaluation focuses on i) […]

PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure.   Introduction The European Commission has approved, with decision SA.40991, amendments to two existing aid measures: Enterprise Investment Scheme [EIS] and Venture Capital Trust [VCT] in […]

Court’s Diary – March 2017

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.   Wednesday 01/03/2017Judgment in Case T-167/14 – France v Commission (General Court – Sixth Chamber)Judgment in Case T-454/13 – SNCM v […]

State Aid for R&D: What Is Research?

Adapting know-how for the needs of clients is not research. Aid for projects for which there is no demand is not in the common interest.   Introduction The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome […]

State Aid for R&D: How Intermediaries Pass on Aid to Third Parties

Operators of research infrastructure do not benefit from State aid, if they fully pass on the aid to the users of the infrastructure. The amount of aid must be quantified. Introduction The beneficiaries of State aid to support R&D are normally those who carry out research. However, in the case of aid to research infrastructure there may be two categories […]

How to Calculate a Transparent Amount of State Aid in Public Guarantees

State aid granted in the form of public guarantees is transparent aid when it is calculated according to the methodology of the 2008 Commission notice or a methodology that is notified to and approved by the Commission.   Introduction Aid to farmers, small enterprises or revenue-generating projects is often given in the form of state guarantees. This is because what […]

The Scope of Public Service Obligations

Public service obligations may cover both profitable and unprofitable segments of the market.   Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

State Aid Uncovered ×

State Aid on the Day after the Exit of the UK from the EU

The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!

The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]

Support for Illiquid but Solvent Banks

State aid may be granted to solvent banks which face temporary liquidity difficulties.   Introduction State aid rules have their own logic and are applied independently of other policy areas. However, in certain situations, the Commission enforces State aid rules in conjunction with linked provisions in other fields. A typical example is taxes levied on agricultural products to raise revenue […]

PART II: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure. Read PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures from 7 March 2017. Ex Post Evaluation Plan Ex post evaluation focuses on i) […]

PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure.   Introduction The European Commission has approved, with decision SA.40991, amendments to two existing aid measures: Enterprise Investment Scheme [EIS] and Venture Capital Trust [VCT] in […]

Court’s Diary – March 2017

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.   Wednesday 01/03/2017Judgment in Case T-167/14 – France v Commission (General Court – Sixth Chamber)Judgment in Case T-454/13 – SNCM v […]

State Aid for R&D: What Is Research?

Adapting know-how for the needs of clients is not research. Aid for projects for which there is no demand is not in the common interest.   Introduction The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome […]

State Aid for R&D: How Intermediaries Pass on Aid to Third Parties

Operators of research infrastructure do not benefit from State aid, if they fully pass on the aid to the users of the infrastructure. The amount of aid must be quantified. Introduction The beneficiaries of State aid to support R&D are normally those who carry out research. However, in the case of aid to research infrastructure there may be two categories […]

How to Calculate a Transparent Amount of State Aid in Public Guarantees

State aid granted in the form of public guarantees is transparent aid when it is calculated according to the methodology of the 2008 Commission notice or a methodology that is notified to and approved by the Commission.   Introduction Aid to farmers, small enterprises or revenue-generating projects is often given in the form of state guarantees. This is because what […]

The Scope of Public Service Obligations

Public service obligations may cover both profitable and unprofitable segments of the market.   Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

State Aid Uncovered ×

State Aid on the Day after the Exit of the UK from the EU

The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!

The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]

Support for Illiquid but Solvent Banks

State aid may be granted to solvent banks which face temporary liquidity difficulties.   Introduction State aid rules have their own logic and are applied independently of other policy areas. However, in certain situations, the Commission enforces State aid rules in conjunction with linked provisions in other fields. A typical example is taxes levied on agricultural products to raise revenue […]

PART II: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure. Read PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures from 7 March 2017. Ex Post Evaluation Plan Ex post evaluation focuses on i) […]

PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure.   Introduction The European Commission has approved, with decision SA.40991, amendments to two existing aid measures: Enterprise Investment Scheme [EIS] and Venture Capital Trust [VCT] in […]

Court’s Diary – March 2017

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.   Wednesday 01/03/2017Judgment in Case T-167/14 – France v Commission (General Court – Sixth Chamber)Judgment in Case T-454/13 – SNCM v […]

State Aid for R&D: What Is Research?

Adapting know-how for the needs of clients is not research. Aid for projects for which there is no demand is not in the common interest.   Introduction The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome […]

State Aid for R&D: How Intermediaries Pass on Aid to Third Parties

Operators of research infrastructure do not benefit from State aid, if they fully pass on the aid to the users of the infrastructure. The amount of aid must be quantified. Introduction The beneficiaries of State aid to support R&D are normally those who carry out research. However, in the case of aid to research infrastructure there may be two categories […]

How to Calculate a Transparent Amount of State Aid in Public Guarantees

State aid granted in the form of public guarantees is transparent aid when it is calculated according to the methodology of the 2008 Commission notice or a methodology that is notified to and approved by the Commission.   Introduction Aid to farmers, small enterprises or revenue-generating projects is often given in the form of state guarantees. This is because what […]

The Scope of Public Service Obligations

Public service obligations may cover both profitable and unprofitable segments of the market.   Introduction 18 January 2017, the General Court delivered its judgment in case T-92/11 RENV, Jørgen Andersen, v European Commission.[1] Mr Andersen appealed against Commission Decision 2011/3 which concluded that public service contracts between the Danish Ministry of Transport and Danske Statsbaner [DSB], the incumbent train operator, contained […]

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