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

24. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)

State Aid Blogs - Untitled design 8

State Aid Blogs - Untitled design 8

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

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17. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage

State Aid Blogs - Untitled design 10

State Aid Blogs - Untitled design 10

Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]

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10. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Advance Tax Rulings

State Aid Blogs - Untitled design 26

State Aid Blogs - Untitled design 26

Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]

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2. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market

State Aid Blogs - Untitled design 7 1

State Aid Blogs - Untitled design 7 1

Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]

Keine Kommentare

26. September 2023 | State Aid Uncovered von Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour

State Aid Blogs - Untitled design 9

State Aid Blogs - Untitled design 9

Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]

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19. September 2023 | von Phedon Nicolaides

When Are Decisions of State-owned Companies Imputed to the State?

State Aid Blogs - Untitled design 8

State Aid Blogs - Untitled design 8

Introduction According to Article 4 of Regulation 2015/1589 [the Procedural Regulation], when the Commission, after a preliminary examination of a State aid measure, has doubts as to the absence of State aid or the compatibility of the aid with the internal market, it must open the formal examination procedure. The case law says that doubts arise when the Commission encounters […]

Keine Kommentare

12. September 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation

State Aid Blogs - Untitled design 6

State Aid Blogs - Untitled design 6

Introduction The Netherlands intends to reduce the emission of greenhouse gasses [GHG] by 55% by the year 2050. For this reason, in June 2023 it notified to the Commission a new version of a scheme, called the “Stimulering Duurzame Energieproductie en Klimaattransitie” [SDE++] which loosely translated means incentivising sustainable production of energy and climate transition. Its purpose is to fund […]

Keine Kommentare

5. September 2023 | State Aid Uncovered von Phedon Nicolaides

Transition to a Net-Zero Economy

State Aid Blogs - Untitled design 25

State Aid Blogs - Untitled design 25

Introduction Although the TCTF requires notification of aid measures, it seems to be more user-friendly than State aid guidelines. This is because Member States may simply copy its provisions in their local law or administrative instrument and sent it to the Commission. A case in point is a German scheme that is reviewed in this article. It was notified to […]

Keine Kommentare

29. August 2023 | State Aid Uncovered von Phedon Nicolaides

Electricity Storage

State Aid Blogs - State Aid Uncovered SM posts

State Aid Blogs - State Aid Uncovered SM posts

Introduction As indicated by its title, the Temporary Crisis and Transition Framework [TCTF] allows for State aid whose purpose goes beyond the immediate relief of the costs of the market disruption caused by the Russian invasion of Ukraine. Europe’s energy policy does not only aim to reduce dependence on Russian gas, but also to shift to low or zero carbon […]

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22. August 2023 | von Phedon Nicolaides

A Large Investment Project (Part II)

State Aid Blogs - Untitled design 23

State Aid Blogs - Untitled design 23

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

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2. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market

State Aid Blogs - Untitled design 7 1

State Aid Blogs - Untitled design 7 1

Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]

Keine Kommentare

26. September 2023 | State Aid Uncovered von Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour

State Aid Blogs - Untitled design 9

State Aid Blogs - Untitled design 9

Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]

Keine Kommentare

12. September 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation

State Aid Blogs - Untitled design 6

State Aid Blogs - Untitled design 6

Introduction The Netherlands intends to reduce the emission of greenhouse gasses [GHG] by 55% by the year 2050. For this reason, in June 2023 it notified to the Commission a new version of a scheme, called the “Stimulering Duurzame Energieproductie en Klimaattransitie” [SDE++] which loosely translated means incentivising sustainable production of energy and climate transition. Its purpose is to fund […]

Keine Kommentare

5. September 2023 | State Aid Uncovered von Phedon Nicolaides

Transition to a Net-Zero Economy

State Aid Blogs - Untitled design 25

State Aid Blogs - Untitled design 25

Introduction Although the TCTF requires notification of aid measures, it seems to be more user-friendly than State aid guidelines. This is because Member States may simply copy its provisions in their local law or administrative instrument and sent it to the Commission. A case in point is a German scheme that is reviewed in this article. It was notified to […]

Keine Kommentare

29. August 2023 | State Aid Uncovered von Phedon Nicolaides

Electricity Storage

State Aid Blogs - State Aid Uncovered SM posts

State Aid Blogs - State Aid Uncovered SM posts

Introduction As indicated by its title, the Temporary Crisis and Transition Framework [TCTF] allows for State aid whose purpose goes beyond the immediate relief of the costs of the market disruption caused by the Russian invasion of Ukraine. Europe’s energy policy does not only aim to reduce dependence on Russian gas, but also to shift to low or zero carbon […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

7. August 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation of Steel Production

State Aid Blogs - Untitled design 21

State Aid Blogs - Untitled design 21

Introduction Many, perhaps the majority, of notifications on the basis of the Guidelines on Climate, Environmental Protection and Energy [CEEAG] concern decarbonisation of production processes. In this context, large amounts of State aid have been funnelled to the decarbonisation of steel production. ArcelorMittal has been a major beneficiary. In February 2023, Spain granted EUR 460 million to support ArcelorMittal to […]

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18. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

The Non-economic Nature of a Public Health System and Regional Development

State Aid Blogs - State Aid Uncovered SM posts 44

State Aid Blogs - State Aid Uncovered SM posts 44

Introduction This article reviews two judgments: On a public health system and on regional development through capital injections. I. Public health system On 27 April 2023, the Court of Justice rendered its judgment in case C-492/21 P, Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.[1] Casa Regina Apostolorum della Pia Società delle Figlie di […]

Keine Kommentare

10. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

Regional Operating Aid

State Aid Blogs - Untitled design 18

State Aid Blogs - Untitled design 18

Introduction On 21 June 2023, the General Court delivered its judgment in case T-131/21, Região Autónoma da Madeira v European Commission.[1] It rejected the action of the Autonomous Region of Madeira [ARM] by which it sought the annulment of Commission decision 2022/1414 on aid scheme implemented by Portugal for the Madeira Free Zone or Zona Franca da Madeira [ZFM]. The […]

Keine Kommentare

3. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART II)

State Aid Blogs - Untitled design 17

State Aid Blogs - Untitled design 17

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T‑79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

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1. Juni 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – June 2016

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 (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog. Thursday 09/06/2016 Judgment in Case T-162/13 – Magic Mountain Kletterhallen and Others v Commission (General […]

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2. Mai 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – May 2016

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 (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog. Tuesday 10/05/2016 Judgment in Case T-47/15 – Germany v Commission (General Court – Third Chamber) […]

Keine Kommentare

4. April 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – April 2016

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 (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog. Thursday 14/04/2016 Judgment in Case C-100/15 P – Netherlands Maritime Technology Association v Commission (Court of […]

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4. März 2016 | Guest State Aid Blog von G. Guðmundsson

Being a Competition and State Aid Trainee at the EFTA Surveillance Authority

efta

efta

We are happy to welcome two young professionals on the State Aid Blog today. Guðmundur Guðmundsson and Amie Eliassen are trainees at EFTA Surveillance Authority in the Competition and State Aid Directorate and give their insights on working in this dynamic and multicultural work environment. You want to apply for a traineeship yourself? Read on for more information. The […]

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3. März 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – March 2016

Judge gavel with law books

Judge gavel with law books

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog. Tuesday 01/03/2016 Judgment in Case T-79/14 – Secop v Commission (General Court – First Chamber) Thursday 03/03/2016 Judgment […]

Keine Kommentare

1. Februar 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – February 2016

State Aid Blogs - m 33

State Aid Blogs - m 33

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 04/02/2016 Judgment in Case T-287/11 – Heitkamp BauHolding v Commission (General Court – Ninth Chamber) Judgment in […]

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1. Januar 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – January 2016

Judge gavel with law books

Judge gavel with law books

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.de), we are happy to publish your comment on the blog. Thursday 28/01/2016 Judgment in T-507/12 -Slovenia v Commission (General Court – Fifth Chamber) Do you know we also publish […]

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12. Dezember 2015 | Guest State Aid Blog von Lexxion Publisher

Top 3 State Aid Blog Posts from 2015

fireworks

fireworks

From Amazon’s ‘advance pricing agreement’ over State aid to the Hungarian electricity market to Black Cabs’ exclusive rights in London, our guest bloggers on the StateAidHub have shed light on various controversial State aid judgments and developments. View now the most popular posts of 2015. As 2015 and therefore the StateAidHub’s first year draws to a close, we thank […]

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3. Dezember 2015 | Guest State Aid Blog von Emanuela Matei

The Interpretation of Conflicting Norms regarding the Validity of State Aid Infolding Contracts Must Be Consistent with the Safeguard of Individual Rights Created by EU State Aid Law (C 505/14, Klausner)

forest

forest

The following blog post is another contributory piece by Emanuela Matei, Associate Researcher at the Centre of European Legal Studies, Bucharest. Matei holds a Juris Master in European Business Law (Lund University, June 2012), a Magister legum (Lund University, June 2010) and a BSc in Economics & Business Administration (Lund University, June 2009). We are very glad to welcome her […]

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11. November 2015 | Guest State Aid Blog von Dimitrios Kyriazis

Summary of Lexxion Seminar: State aid for Tax Measures on 26-27 October 2015, Brussels

Lexxion Seminar

Lexxion Seminar

The following is a summary of the main points that were presented and the issues that were discussed in the seminar on State aid in Tax Measures that was held in Brussels on 26-27 October 2015. The summary has been prepared for information purposes only and it is not meant to be a precise record of the proceedings of the […]

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