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 ×

16. Juni 2016  |   State Aid Uncovered von Lexxion Publisher

New Video: Why Should Public Authorities Be Concerned About State Aid?
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!   Today Phedon Nicolaides tells you, why public authorities should be concerned about Stateaid. Please comment and subscribe.    Visit our YouTube Channel and show all videos. You […]
Mehr lesen
Keine Kommentare
13. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Beneficiaries and Benefits of State Guarantees
State Aid Blogs - m 25 1
A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation to customers or suppliers have to be proven.   Introduction On 26 May 2016, the General Court rendered its judgment in case T-479/11, France v Commission concerning the IFP.[1] France appealed against Commission decision 2012/26 which found that France granted aid to IFP. IFP iIFP s […]
Mehr lesen
Keine Kommentare
7. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Sport Facilities, the Balancing Test and Distortion of Competition
State Aid Blogs - m 26 1
Aid measures that target persons with particular needs and who are not adequately provided by the market are not likely to be found to distort competition contrary to the common interest, even if there is some substitutability between the subsidised services and similar services provided by the market on commercial terms.   Introduction In August 2011, the Commission received a […]
Mehr lesen
Keine Kommentare
31. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”
State Aid Blogs - m 27 1
Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities.   Introduction On 10 May 2016, the General Court issued its […]
Mehr lesen
Keine Kommentare
24. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Tax Exemptions Authorised by the Council of the EU
State Aid Blogs - m 8 1
State aid is an objective concept. When the Commission assesses a measure it has to examine its effects and cannot be bound by a decision of the Council. A beneficiary of State aid cannot entertain legitimate expectations simply because the Commission does not appear to object to the aid.   Introduction On 22 April 2016, the General Court rendered its judgment […]
Mehr lesen
Keine Kommentare
18. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART II: Regional Development and i) Market Economy Operator Test ii) Services of General Economic Interest
State Aid Blogs - m 29 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Part II: Public tasks and […]
Mehr lesen
Keine Kommentare
10. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART I: Regional Development and i) Market Economy Operator Test, ii) Services of General Economic Interest
State Aid Blogs - m 28 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Introduction National and regional authorities […]
Mehr lesen
Keine Kommentare
3. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Calculation of State Aid in Guarantees
State Aid Blogs - 21.11.State resources State control
State guarantees can be used to support loans for working capital. The amount of State aid in guarantees can be calculated to remain below the de minimis threshold of EUR 200,000.   Introduction With financial instruments being very much in vogue, there is much interest in the use of guarantees and loans as a means of granting State aid. Therefore, […]
Mehr lesen
Keine Kommentare
18. April 2016  |   State Aid Uncovered von Phedon Nicolaides

Who is Aided when a Bank is Resolved?
State Aid Blogs - m 30 1
Bank resolution may involve State aid. However, the depositors do not normally benefit from State aid, nor do the buyers of the viable assets, if they pay a market price. Any aid normally goes to the remaining, non-performing, assets that are eventually liquidated.   Introduction The new bank resolution regime that came into force on 1 January 2016 aims to […]
Mehr lesen
Keine Kommentare
12. April 2016  |   State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account
State Aid Blogs - m 31 1
A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

16. Juni 2016  |   State Aid Uncovered von Lexxion Publisher

New Video: Why Should Public Authorities Be Concerned About State Aid?
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!   Today Phedon Nicolaides tells you, why public authorities should be concerned about Stateaid. Please comment and subscribe.    Visit our YouTube Channel and show all videos. You […]
Mehr lesen
Keine Kommentare
13. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Beneficiaries and Benefits of State Guarantees
State Aid Blogs - m 25 1
A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation to customers or suppliers have to be proven.   Introduction On 26 May 2016, the General Court rendered its judgment in case T-479/11, France v Commission concerning the IFP.[1] France appealed against Commission decision 2012/26 which found that France granted aid to IFP. IFP iIFP s […]
Mehr lesen
Keine Kommentare
7. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Sport Facilities, the Balancing Test and Distortion of Competition
State Aid Blogs - m 26 1
Aid measures that target persons with particular needs and who are not adequately provided by the market are not likely to be found to distort competition contrary to the common interest, even if there is some substitutability between the subsidised services and similar services provided by the market on commercial terms.   Introduction In August 2011, the Commission received a […]
Mehr lesen
Keine Kommentare
31. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”
State Aid Blogs - m 27 1
Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities.   Introduction On 10 May 2016, the General Court issued its […]
Mehr lesen
Keine Kommentare
24. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Tax Exemptions Authorised by the Council of the EU
State Aid Blogs - m 8 1
State aid is an objective concept. When the Commission assesses a measure it has to examine its effects and cannot be bound by a decision of the Council. A beneficiary of State aid cannot entertain legitimate expectations simply because the Commission does not appear to object to the aid.   Introduction On 22 April 2016, the General Court rendered its judgment […]
Mehr lesen
Keine Kommentare
18. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART II: Regional Development and i) Market Economy Operator Test ii) Services of General Economic Interest
State Aid Blogs - m 29 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Part II: Public tasks and […]
Mehr lesen
Keine Kommentare
10. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART I: Regional Development and i) Market Economy Operator Test, ii) Services of General Economic Interest
State Aid Blogs - m 28 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Introduction National and regional authorities […]
Mehr lesen
Keine Kommentare
3. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Calculation of State Aid in Guarantees
State Aid Blogs - 21.11.State resources State control
State guarantees can be used to support loans for working capital. The amount of State aid in guarantees can be calculated to remain below the de minimis threshold of EUR 200,000.   Introduction With financial instruments being very much in vogue, there is much interest in the use of guarantees and loans as a means of granting State aid. Therefore, […]
Mehr lesen
Keine Kommentare
18. April 2016  |   State Aid Uncovered von Phedon Nicolaides

Who is Aided when a Bank is Resolved?
State Aid Blogs - m 30 1
Bank resolution may involve State aid. However, the depositors do not normally benefit from State aid, nor do the buyers of the viable assets, if they pay a market price. Any aid normally goes to the remaining, non-performing, assets that are eventually liquidated.   Introduction The new bank resolution regime that came into force on 1 January 2016 aims to […]
Mehr lesen
Keine Kommentare
12. April 2016  |   State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account
State Aid Blogs - m 31 1
A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

16. Juni 2016  |   State Aid Uncovered von Lexxion Publisher

New Video: Why Should Public Authorities Be Concerned About State Aid?
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!   Today Phedon Nicolaides tells you, why public authorities should be concerned about Stateaid. Please comment and subscribe.    Visit our YouTube Channel and show all videos. You […]
Mehr lesen
Keine Kommentare
13. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Beneficiaries and Benefits of State Guarantees
State Aid Blogs - m 25 1
A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation to customers or suppliers have to be proven.   Introduction On 26 May 2016, the General Court rendered its judgment in case T-479/11, France v Commission concerning the IFP.[1] France appealed against Commission decision 2012/26 which found that France granted aid to IFP. IFP iIFP s […]
Mehr lesen
Keine Kommentare
7. Juni 2016  |   State Aid Uncovered von Phedon Nicolaides

Sport Facilities, the Balancing Test and Distortion of Competition
State Aid Blogs - m 26 1
Aid measures that target persons with particular needs and who are not adequately provided by the market are not likely to be found to distort competition contrary to the common interest, even if there is some substitutability between the subsidised services and similar services provided by the market on commercial terms.   Introduction In August 2011, the Commission received a […]
Mehr lesen
Keine Kommentare
31. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”
State Aid Blogs - m 27 1
Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities.   Introduction On 10 May 2016, the General Court issued its […]
Mehr lesen
Keine Kommentare
24. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Tax Exemptions Authorised by the Council of the EU
State Aid Blogs - m 8 1
State aid is an objective concept. When the Commission assesses a measure it has to examine its effects and cannot be bound by a decision of the Council. A beneficiary of State aid cannot entertain legitimate expectations simply because the Commission does not appear to object to the aid.   Introduction On 22 April 2016, the General Court rendered its judgment […]
Mehr lesen
Keine Kommentare
18. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART II: Regional Development and i) Market Economy Operator Test ii) Services of General Economic Interest
State Aid Blogs - m 29 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Part II: Public tasks and […]
Mehr lesen
Keine Kommentare
10. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

PART I: Regional Development and i) Market Economy Operator Test, ii) Services of General Economic Interest
State Aid Blogs - m 28 1
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market economy operator ignores costs which are unaffected by those activities. A service of general economic interest has special characteristics that set it apart from other services with positive impact on the economy. Having a positive impact is not enough.   Introduction National and regional authorities […]
Mehr lesen
Keine Kommentare
3. Mai 2016  |   State Aid Uncovered von Phedon Nicolaides

Calculation of State Aid in Guarantees
State Aid Blogs - 21.11.State resources State control
State guarantees can be used to support loans for working capital. The amount of State aid in guarantees can be calculated to remain below the de minimis threshold of EUR 200,000.   Introduction With financial instruments being very much in vogue, there is much interest in the use of guarantees and loans as a means of granting State aid. Therefore, […]
Mehr lesen
Keine Kommentare
18. April 2016  |   State Aid Uncovered von Phedon Nicolaides

Who is Aided when a Bank is Resolved?
State Aid Blogs - m 30 1
Bank resolution may involve State aid. However, the depositors do not normally benefit from State aid, nor do the buyers of the viable assets, if they pay a market price. Any aid normally goes to the remaining, non-performing, assets that are eventually liquidated.   Introduction The new bank resolution regime that came into force on 1 January 2016 aims to […]
Mehr lesen
Keine Kommentare
12. April 2016  |   State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account
State Aid Blogs - m 31 1
A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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