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 ×

1. Dezember 2015  |   State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports
State Aid Blogs - m 18
State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor.   Introduction This is a rather long article because it examines a rich case that […]
Mehr lesen
Keine Kommentare
24. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Investor Principle
State Aid Blogs - m 3 4
Public investment is free of State aid when it is made at the same time and on equal terms with investments by private investors. In the absence of an equivalent private investment, public investment does not constitute State aid when it is demonstrated ex ante that it is capable of generating market rates of return.   Introduction Public authorities are […]
Mehr lesen
Keine Kommentare
16. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment to Alleviate Structural Disadvantages
State Aid Blogs -
Favourable tax treatment to alleviate “structural disadvantages” suffered by certain companies is a selective measure that falls within the scope of Article 107(1).   Introduction Member States use taxes not just to raise revenue but also as instruments of public policy. They impose taxes on activities they want to discourage [e.g. smoking, driving] and they relieve from taxes activities they […]
Mehr lesen
Keine Kommentare
10. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
Mehr lesen
Keine Kommentare
4. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
Mehr lesen
Keine Kommentare
27. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
Mehr lesen
Keine Kommentare
20. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
Mehr lesen
Keine Kommentare
13. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
Mehr lesen
Keine Kommentare
5. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
Mehr lesen
Keine Kommentare
29. September 2015  |   State Aid Uncovered von Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

1. Dezember 2015  |   State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports
State Aid Blogs - m 18
State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor.   Introduction This is a rather long article because it examines a rich case that […]
Mehr lesen
Keine Kommentare
24. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Investor Principle
State Aid Blogs - m 3 4
Public investment is free of State aid when it is made at the same time and on equal terms with investments by private investors. In the absence of an equivalent private investment, public investment does not constitute State aid when it is demonstrated ex ante that it is capable of generating market rates of return.   Introduction Public authorities are […]
Mehr lesen
Keine Kommentare
16. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment to Alleviate Structural Disadvantages
State Aid Blogs -
Favourable tax treatment to alleviate “structural disadvantages” suffered by certain companies is a selective measure that falls within the scope of Article 107(1).   Introduction Member States use taxes not just to raise revenue but also as instruments of public policy. They impose taxes on activities they want to discourage [e.g. smoking, driving] and they relieve from taxes activities they […]
Mehr lesen
Keine Kommentare
10. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
Mehr lesen
Keine Kommentare
4. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
Mehr lesen
Keine Kommentare
27. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
Mehr lesen
Keine Kommentare
20. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
Mehr lesen
Keine Kommentare
13. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
Mehr lesen
Keine Kommentare
5. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
Mehr lesen
Keine Kommentare
29. September 2015  |   State Aid Uncovered von Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

1. Dezember 2015  |   State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports
State Aid Blogs - m 18
State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor.   Introduction This is a rather long article because it examines a rich case that […]
Mehr lesen
Keine Kommentare
24. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Investor Principle
State Aid Blogs - m 3 4
Public investment is free of State aid when it is made at the same time and on equal terms with investments by private investors. In the absence of an equivalent private investment, public investment does not constitute State aid when it is demonstrated ex ante that it is capable of generating market rates of return.   Introduction Public authorities are […]
Mehr lesen
Keine Kommentare
16. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment to Alleviate Structural Disadvantages
State Aid Blogs -
Favourable tax treatment to alleviate “structural disadvantages” suffered by certain companies is a selective measure that falls within the scope of Article 107(1).   Introduction Member States use taxes not just to raise revenue but also as instruments of public policy. They impose taxes on activities they want to discourage [e.g. smoking, driving] and they relieve from taxes activities they […]
Mehr lesen
Keine Kommentare
10. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
Mehr lesen
Keine Kommentare
4. November 2015  |   State Aid Uncovered von Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
Mehr lesen
Keine Kommentare
27. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
Mehr lesen
Keine Kommentare
20. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
Mehr lesen
Keine Kommentare
13. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
Mehr lesen
Keine Kommentare
5. Oktober 2015  |   State Aid Uncovered von Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
Mehr lesen
Keine Kommentare
29. September 2015  |   State Aid Uncovered von Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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