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

25. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

Remedying the Damage of a Natural Disaster through Incentives for New Investments

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Damage from natural disasters can be remedied in the short-term through direct compensation or in the longer-term through investment subsidies to support new productive capacity. Introduction This article reviews a rather straightforward case which, however, is also quite unusual. It concerns a measure to remedy the effect of recent earthquakes in Italy. What makes it unusual is that […]

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19. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

Sector-Specific Tax Exemptions

State Aid Blogs - SAH Blogpost 24 Seaports

A measure that covers a whole sector can be selective. Distortions caused by the policies of other Member States cannot justify the granting of State aid. The purpose of State aid is not to ensure equal conditions of competition across Member States. Introduction On 31 May 2018, the General Court ruled in case T-160/16, Groningen Seaports v European Commission.[1] Groningen […]

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12. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

State Aid for the Deployment of Broadband Networks

State Aid Blogs - SAZ Blogpost 23 Broadband

Most State aid for the development of broadband networks is approved by the Commission. But the aid must be limited only to areas where market-based investments are unlikely to be made without aid. Introduction This article reviews a recent Commission decision authorising State aid for broadband development in the Netherlands which is one of the most networked countries […]

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5. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)

State Aid Blogs - SAH Blogpost 22 SGEI

A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it to specified consumers, in specified areas and on specified terms. Introduction The Treaty on the Functioning of the EU and the case law […]

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29. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemptions from Product-Specific Taxes

State Aid Blogs - SAH Blogpost 21 Product Tax

Tax exemptions do not constitute State aid when they aim to induce change in the behaviour of consumers, when they distinguish between harmful products and non-harmful products and for reasons of administrative simplicity. Introduction In the past two weeks, an article was published in two parts criticising the judgments of the Court of Justice in three cases of […]

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22. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemption from Taxes that Protect the Environment May not be Selective – Part II

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Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings whose activities do not harm the environment does not constitute State aid whenever the exempted undertakings are not in a comparable situation. Application of Article 107(1) to the Asturias tax In this case, exempted establishments were those with sales area less than 4000m2 or […]

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15. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemption from Taxes that Protect the Environment May not be Selective – Part I

State Aid Blogs - 14.05.18 Part1 Blog19 Spain Regional Tax

Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings whose activities do not harm the environment does not constitute State aid whenever the exempted undertakings are not in a comparable situation. Application of Article 107(1) to the Asturias tax In this case, exempted establishments were those with sales area less than 4000m2 or […]

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8. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Dealing with Problematic Banks

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

The sale of a bank through a fair, open, competitive and transparent procedure that maximises the value of the assets and liabilities is free of State aid. Introduction This week’s article returns to the theme of State aid to banks and examines a case of “precautionary” recapitalisation and a case of sale of a bank, that was linked to […]

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2. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Compensation for Public Service Obligations

State Aid Blogs - 02.05.2018 SA POL UK SGEI

Compensation for public service obligations may be fixed at less than the net extra costs of the provider of the public service to induce it to become more efficient. Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision […]

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24. April 2018 | State Aid Uncovered von Phedon Nicolaides

Liquidity Support to Banks

State Aid Blogs - 24.04.2018 StateAid Banks MPS

Banks that receive State aid are considered to be failing banks, except when the aid is granted to solvent banks for the purpose of precautionary recapitalisation or temporary liquidity. Introduction During the past decade, large amounts of public funds have been committed to shore up failing or illiquid banks. Under current banking rules, the mere fact that a […]

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12. September 2017 | State Aid Uncovered von Phedon Nicolaides

Concession Agreements Free of State Aid

State Aid Blogs - concessions State aid airports

Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. Prices may be regulated to prevent excessive prices and profits. But, the concession fee may be adjusted to enable the concessionaire to earn a sufficient return. Introduction This article examines the link between State aid and concession agreements. In decision SA.44259, the Commission considered […]

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5. September 2017 | State Aid Uncovered von Phedon Nicolaides

Sale, Liquidation and Other Options for Private Investors

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A private investor chooses the less costly option between selling a company at a loss and liquidating it. In addition to avoiding losses, a private investor also cares for its image, quantifies its value and factors it in the sale or liquidation option. Introduction On 6 July 2017, the General Court ruled in two closely related cases: T-74/14, France […]

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29. August 2017 | State Aid Uncovered von Phedon Nicolaides

Bank Recapitalisation that Conforms to the Market Economy Investor Principle

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A public authority acts like a private investor when it injects capital in a stricken bank if there is a realistic prospect of sufficient return that compensates it for the risk it bears. Introduction Caixa Geral de Depósitos (CGD) is the largest bank in Portugal and is now fully owned by the State. In June 2012, Portugal notified to […]

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22. August 2017 | State Aid Uncovered von Phedon Nicolaides

State Aid Is Not Compatible With the Internal Market when it Contravenes other EU Rules

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Relief from a penalty imposed by EU rules is State aid that is incompatible with the internal market. Introduction EU rules contain a standard exclusion: State aid cannot be declared compatible with the internal market when it is non-severable [i.e. cannot be separated] from a violation of EU law. Yet, cases involving non-severable violations of EU law are rare. […]

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15. August 2017 | State Aid Uncovered von Phedon Nicolaides

Exceptions to the Exceptional Nature of State Aid for Banks

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State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation and liquidation. Introduction A primary objective of the European response to the financial crisis was to sever the link between troubled banks and indebted sovereign. The principle now is that if a bank needs money to meet the capital adequacy ratio required by banking […]

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8. August 2017 | State Aid Uncovered von Phedon Nicolaides

Sale of State-Owned Bank

State Aid Blogs - 01.11.17 State aid

The sale of a public asset is free of State aid when it is open, transparent, non-discriminatory, unconditional and the award is made to the highest binding and credible offer. Introduction The rules on State aid to financial institutions and banks have become very strict. Owners and creditors have to be bailed in [the so-called burden sharing] and the […]

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1. August 2017 | State Aid Uncovered von Phedon Nicolaides

Collective Insolvency and the GBER

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The eligibility of an aid applicant and the legality of the aid are determined at the point when the aid is granted. If afterwards the aid recipient ceases to be an SME or enters in financial difficulties it is not a relevant issue. Introduction When Member States grant aid on the basis of the General Block Exemption Regulation [Regulation […]

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25. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Transfer of Trademarks

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The free transfer of a trademark that belongs to the state confers two possible advantages to the new owner if there is a market for that trademark. Introduction When a public authority places at the disposal of an undertaking a public asset, it confers to that undertaking a competitive advantage. The competitive advantage is eliminated whenever that public authority […]

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18. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART II

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Purely religious activities and education funded by the state are not economic in nature. Read the I. part of the article, here. Selective economic advantage The Court proceeded to examine the possible existence of a selective economic advantage. It first recalled, in paragraph 65, that the concept of State aid covers only those public measures which favour certain undertakings “or” […]

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11. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART I

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Purely religious activities and education funded by the state are not economic in nature. Introduction On 27 June 2017 the Court of Justice ruled in case C‑74/16, Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe.[1] The ruling was in response to a request from a Spanish administrative court dealing with a tax dispute between religious schools and the municipality of […]

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