Europäisches Beihilfenrecht Blog

State Aid Uncovered by Prof Phedon Nicolaides

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 ×

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

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

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

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

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

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

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

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 […]

Keine Kommentare

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

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

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

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 […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

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

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

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

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

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

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

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

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 […]

Keine Kommentare

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

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

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

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 […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

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

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

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

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

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

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

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

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 […]

Keine Kommentare

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

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

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

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 […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

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