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 ×

9. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
Mehr lesen
Keine Kommentare
8. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of Stadiums and Arenas
sports arena
Introduction After the judgments of the General Court and the Court of Justice on public funding of infrastructure in the now landmark case of Leipzig-Halle, the European Commission is scrutinising more closely than ever the construction and operation of stadiums and arenas. In March 2012, the Commission opened two in-depth investigations into public funding for multi-function arenas, one in Uppsala […]
Mehr lesen
Keine Kommentare
3. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants
tornado
This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]
Mehr lesen
Keine Kommentare
26. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

The Puzzle of Environmental Aid: Why Do Firms Make Environmental Investments?
windmills
Introduction Environmental aid is the second largest horizontal category of state aid, after regional aid. It accounts for about 24% of all aid to industry and services. Yet, one often hears from public officials that the current Environmental Aid Guidelines (EAG) do not provide sufficient incentives for environmental protection. The problem is that aid is calculated as a percentage not […]
Mehr lesen
Keine Kommentare
20. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing
hands holding house model
Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]
Mehr lesen
Keine Kommentare
9. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Taxes and Tax Reductions on Air Travel: Selectivity and Compatibility
airplanes on the runway
This posting examines an Irish and a German measure concerning reduction in passenger taxes. As to be expected, an important issue for both measures was whether the reduction was selective or not. The analysis of the Commission does not really break new ground. What is more instructive with these two cases is the range and ingenuity of the arguments advanced […]
Mehr lesen
Keine Kommentare
1. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
Mehr lesen
Keine Kommentare
21. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
Mehr lesen
Keine Kommentare
12. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle
office table
Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]
Mehr lesen
Keine Kommentare
7. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Sale of State-owned Airlines [Commission Decision SA.33337 on sale of subsidiaries by LOT Polish Airlines]
airplane on the runway
Introduction In the previous posting I examined the funding of a regional airport. In this posting I look at a case concerning an airline; more specifically, the sale of three subsidiaries of Polish airline LOT.[1] During the past five or so years, the Commission has had to deal with many measures involving different kinds of public support to airlines [e.g. Alitalia, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

9. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
Mehr lesen
Keine Kommentare
8. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of Stadiums and Arenas
sports arena
Introduction After the judgments of the General Court and the Court of Justice on public funding of infrastructure in the now landmark case of Leipzig-Halle, the European Commission is scrutinising more closely than ever the construction and operation of stadiums and arenas. In March 2012, the Commission opened two in-depth investigations into public funding for multi-function arenas, one in Uppsala […]
Mehr lesen
Keine Kommentare
3. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants
tornado
This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]
Mehr lesen
Keine Kommentare
26. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

The Puzzle of Environmental Aid: Why Do Firms Make Environmental Investments?
windmills
Introduction Environmental aid is the second largest horizontal category of state aid, after regional aid. It accounts for about 24% of all aid to industry and services. Yet, one often hears from public officials that the current Environmental Aid Guidelines (EAG) do not provide sufficient incentives for environmental protection. The problem is that aid is calculated as a percentage not […]
Mehr lesen
Keine Kommentare
20. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing
hands holding house model
Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]
Mehr lesen
Keine Kommentare
9. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Taxes and Tax Reductions on Air Travel: Selectivity and Compatibility
airplanes on the runway
This posting examines an Irish and a German measure concerning reduction in passenger taxes. As to be expected, an important issue for both measures was whether the reduction was selective or not. The analysis of the Commission does not really break new ground. What is more instructive with these two cases is the range and ingenuity of the arguments advanced […]
Mehr lesen
Keine Kommentare
1. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
Mehr lesen
Keine Kommentare
21. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
Mehr lesen
Keine Kommentare
12. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle
office table
Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]
Mehr lesen
Keine Kommentare
7. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Sale of State-owned Airlines [Commission Decision SA.33337 on sale of subsidiaries by LOT Polish Airlines]
airplane on the runway
Introduction In the previous posting I examined the funding of a regional airport. In this posting I look at a case concerning an airline; more specifically, the sale of three subsidiaries of Polish airline LOT.[1] During the past five or so years, the Commission has had to deal with many measures involving different kinds of public support to airlines [e.g. Alitalia, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

9. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
Mehr lesen
Keine Kommentare
8. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of Stadiums and Arenas
sports arena
Introduction After the judgments of the General Court and the Court of Justice on public funding of infrastructure in the now landmark case of Leipzig-Halle, the European Commission is scrutinising more closely than ever the construction and operation of stadiums and arenas. In March 2012, the Commission opened two in-depth investigations into public funding for multi-function arenas, one in Uppsala […]
Mehr lesen
Keine Kommentare
3. Juni 2013  |   State Aid Uncovered von Phedon Nicolaides

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants
tornado
This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]
Mehr lesen
Keine Kommentare
26. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

The Puzzle of Environmental Aid: Why Do Firms Make Environmental Investments?
windmills
Introduction Environmental aid is the second largest horizontal category of state aid, after regional aid. It accounts for about 24% of all aid to industry and services. Yet, one often hears from public officials that the current Environmental Aid Guidelines (EAG) do not provide sufficient incentives for environmental protection. The problem is that aid is calculated as a percentage not […]
Mehr lesen
Keine Kommentare
20. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Restrictions on Sale of Land and Social Housing
hands holding house model
Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]
Mehr lesen
Keine Kommentare
9. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Taxes and Tax Reductions on Air Travel: Selectivity and Compatibility
airplanes on the runway
This posting examines an Irish and a German measure concerning reduction in passenger taxes. As to be expected, an important issue for both measures was whether the reduction was selective or not. The analysis of the Commission does not really break new ground. What is more instructive with these two cases is the range and ingenuity of the arguments advanced […]
Mehr lesen
Keine Kommentare
1. Mai 2013  |   State Aid Uncovered von Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
Mehr lesen
Keine Kommentare
21. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
Mehr lesen
Keine Kommentare
12. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle
office table
Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]
Mehr lesen
Keine Kommentare
7. April 2013  |   State Aid Uncovered von Phedon Nicolaides

Sale of State-owned Airlines [Commission Decision SA.33337 on sale of subsidiaries by LOT Polish Airlines]
airplane on the runway
Introduction In the previous posting I examined the funding of a regional airport. In this posting I look at a case concerning an airline; more specifically, the sale of three subsidiaries of Polish airline LOT.[1] During the past five or so years, the Commission has had to deal with many measures involving different kinds of public support to airlines [e.g. Alitalia, […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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