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

18. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

Compliance with EU State Aid Rules

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On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]

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16. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable

State Aid Blogs - State Aid Uncovered photos 2

Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]

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9. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid

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Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]

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2. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

Green Energy Certificates

State Aid Blogs - State Aid Uncovered photos 3

Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]

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25. Juni 2024 | von Phedon Nicolaides

Aid Measures with Limited Beneficiaries

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Introduction During the covid-19 pandemic Member States granted State aid to undertakings they considered important for their economies or for maintaining their connectivity with the rest of the world. Ryanair appealed against multiple Commission decisions authorising that aid. Ryanair succeeded in some of its challenges on technical issues. It lost all other cases on issues of principle. On 6 June […]

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18. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions

State Aid Blogs - State Aid Uncovered photos 18

Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]

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11. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries

State Aid Blogs - State Aid Uncovered photos 17

Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]

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4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

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28. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

A Research Project Based on Collaboration with a Research Organisation

State Aid Blogs - State Aid Uncovered photos 15

Introduction After pre-notification contacts, Croatia notified, in March 2023, State aid amounting to a EUR 179.5 million for an R&D project regarding the development of an innovative autonomous electric vehicle [a “robo-taxi”]. The aid, in the form of a grant, was to be provided to Project 3 Mobility LLC [P3M]. The Commission approved it in decision SA.101759.1 The aid beneficiary, […]

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21. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Authorisation of State Aid after the Start of a Project

State Aid Blogs - State Aid Uncovered photos 13

Introduction In June 2021, the European Commission, in decision SA.55526, approved an amount of EUR 167 million of State aid for the construction and operation of a liquefied natural gas [LNG] terminal close to Alexandroupolis in northern Greece. In December 2022, Greece notified a measure involving additional State aid of EUR 106 million for the same project. The Commission authorised […]

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16. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable

State Aid Blogs - State Aid Uncovered photos 2

Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]

Keine Kommentare

9. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid

State Aid Blogs - State Aid Uncovered photos 1 1

Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]

Keine Kommentare

2. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

Green Energy Certificates

State Aid Blogs - State Aid Uncovered photos 3

Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]

Keine Kommentare

18. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions

State Aid Blogs - State Aid Uncovered photos 18

Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]

Keine Kommentare

11. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries

State Aid Blogs - State Aid Uncovered photos 17

Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

28. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

A Research Project Based on Collaboration with a Research Organisation

State Aid Blogs - State Aid Uncovered photos 15

Introduction After pre-notification contacts, Croatia notified, in March 2023, State aid amounting to a EUR 179.5 million for an R&D project regarding the development of an innovative autonomous electric vehicle [a “robo-taxi”]. The aid, in the form of a grant, was to be provided to Project 3 Mobility LLC [P3M]. The Commission approved it in decision SA.101759.1 The aid beneficiary, […]

Keine Kommentare

21. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Authorisation of State Aid after the Start of a Project

State Aid Blogs - State Aid Uncovered photos 13

Introduction In June 2021, the European Commission, in decision SA.55526, approved an amount of EUR 167 million of State aid for the construction and operation of a liquefied natural gas [LNG] terminal close to Alexandroupolis in northern Greece. In December 2022, Greece notified a measure involving additional State aid of EUR 106 million for the same project. The Commission authorised […]

Keine Kommentare

14. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Restructuring State Aid

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Introduction State aid to failing undertakings is the most distortionary form of public subsidies. They prevent the market exit of inefficient companies. For this reason, State aid for rescue or restructuring of undertakings in difficulty must always be notified to the Commission which examines each case very carefully and allows this kind of aid only when, among other things, the […]

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7. Mai 2024 | State Aid Uncovered von Phedon Nicolaides

Public Procurement and State Aid

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Introduction A faulty public procurement procedure or the use of discriminatory selection criteria can confer an advantage on the chosen undertaking that may constitute an advantage in the meaning of Article 107(1) TFEU. The result will be infringement of both public procurement rules and State aid rules. A recent Commission decision, SA.47650, is instructive on how Member States should design […]

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2. Juni 2016 | Guest State Aid Blog von Erika Ellyne

Frucona Revisited: Confusing EDF and Placing the Burden of Proof Where it Belongs

computer kayboard

We are happy to welcome Erika Ellyne on the State Aid Blog today. She is a lawyer at Van Bael & Bellis law firm where she works on EU competition law matters. Previously she was a researcher at the VUB University and the LSTS research center, where she is still an affiliate. Today she gives her insights on the Frucona […]

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

Court’s Diary – June 2016

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 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

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. Tuesday 10/05/2016 Judgment in Case T-47/15 – Germany v Commission (General Court – Third Chamber) […]

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

Court’s Diary – April 2016

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 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

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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

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 ([email protected]), 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 […]

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

Court’s Diary – February 2016

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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 ([email protected]), 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

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 ([email protected]), 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

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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)

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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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