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

29. Mai 2017 | State Aid Uncovered von Phedon Nicolaides

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

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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?

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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

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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

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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 […]

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1. Mai 2017 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – May 2017

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. Thursday 18/05/2017 Judgment in case C-150/16 – Fondul Proprietatea vs Complexul Energetic Oltenia SA (Court of Justice – Fifth Chamber) […]

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26. April 2017 | State Aid Uncovered von Phedon Nicolaides

A Postscript on Brexit and State Aid

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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

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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

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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

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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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20. September 2016 | State Aid Uncovered von Phedon Nicolaides

Non-State Aid Assistance to Depositors and Customers of Banks

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State Aid Blogs - m 17 1

Public assistance to borrowers who cannot repay their loans does not constitute State aid if the beneficiaries are individuals. Public assistance to undertakings which cannot repay their loans does not constitute State aid if the amount of aid does not exceed the de minimis threshold. Any public funding of deposits which are transferred from ailing to healthy banks is not […]

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13. September 2016 | State Aid Uncovered von Phedon Nicolaides

Burden-Sharing and State Aid to Banks

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State Aid Blogs - m 18 1

Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by creditors in the recovery of banks does not deprive them of their right to property. Introduction On 19 July 2016, the Court of Justice rendered its judgment in case C‑526/14, Tadej Kotnik and others v Državni zbor Republike Slovenije.[1] The judgment was in response to a […]

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6. September 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part III – Trade Effect, Distortion of Competition and Infrastructure

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State Aid Blogs - m 19 1

This is the third and last article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article analysed the concepts of advantage and selectivity. This week the focus is on the last two constituent elements of the notion of State aid: affectation of cross-border trade and distortion of competition. This article […]

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30. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity

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State Aid Blogs - m 19 1

This is the second article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article focused on the concepts of economic activity and state resources.** Next week’s article will conclude with a presentation of the conditions under which trade is affected and competition distorted and an analysis of the application of […]

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23. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part I – Economic Activities & State Resources

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State Aid Blogs - m 19 1

The Notice provides a thorough review of the case law and the decisional practice of the Commission. Introduction After more than two years of deliberations, the Commission Notice on the Notion of State Aid was published in the Official Journal on 19 July 2016.[1] The Notice presents “the Commission’s understanding of Article 107(1) of the Treaty, as interpreted by the […]

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16. August 2016 | State Aid Uncovered von Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*

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State Aid Blogs - m 20 1

Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal. Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]

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4. August 2016 | State Aid Uncovered von Lexxion Publisher

New Video: What can I do if my measure contains State aid?

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State Aid Blogs - m 21 1

What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! After Phedon Nicolaides has given us examples of “good aid”, today he answers the question “What can I do if my measure contains State aid?”. View the […]

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2. August 2016 | State Aid Uncovered von Phedon Nicolaides

State Aid Rules and Transfer Pricing

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State Aid Blogs - m 40

Tax rulings on transfer pricing have to approximate market-based outcomes. Introduction Twenty years ago, the European Commission initiated discussion on how State aid rules could apply to direct taxation. In 1998 it adopted its Notice on direct business taxation. At about the same time the Commission launched several formal investigations which culminated in negative decisions. In 2013 and 2014, […]

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28. Juli 2016 | State Aid Uncovered von Lexxion Publisher

New Video: If you want to learn more about State aid issues…

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State Aid Blogs - m 21 1

What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! 7 weeks ago we started our new State aid journey on YouTube and thank you for viewing our videos, commenting and subscribing to our channel! Today […]

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26. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

Compatible State Aid May Have Negative Effects on some Market Operators

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State Aid Blogs - m 22 1

The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]

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