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 ×

18. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
Mehr lesen
Keine Kommentare
11. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
Mehr lesen
Keine Kommentare
4. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
Mehr lesen
Keine Kommentare
28. März 2023  |   State Aid Uncovered von Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
Mehr lesen
Keine Kommentare
21. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
Mehr lesen
Keine Kommentare
14. März 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
Mehr lesen
Keine Kommentare
7. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
Mehr lesen
Keine Kommentare
28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

18. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
Mehr lesen
Keine Kommentare
11. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
Mehr lesen
Keine Kommentare
4. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
Mehr lesen
Keine Kommentare
28. März 2023  |   State Aid Uncovered von Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
Mehr lesen
Keine Kommentare
21. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
Mehr lesen
Keine Kommentare
14. März 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
Mehr lesen
Keine Kommentare
7. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
Mehr lesen
Keine Kommentare
28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

18. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
Mehr lesen
Keine Kommentare
11. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
Mehr lesen
Keine Kommentare
4. April 2023  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Damage Caused by COVID-19 Combined with Rescue Aid
State Aid Blogs - dddddddddd
Introduction Member States are allowed to grant state to compensate undertakings for damage they suffer as a result of a natural disaster or exceptional occurrence. But, it is not always easy or possible to disentangle the damage caused by such an unforeseen event from losses caused by mismanagement or changes of market conditions. The art and science of calculating the […]
Mehr lesen
Keine Kommentare
28. März 2023  |   State Aid Uncovered von Phedon Nicolaides

A More Comprehensive and Generous GBER
State Aid Blogs - State Aid Uncovered SM posts 1 3
Introduction In a Communication that was published on 9 March 2023, the Commission announced extensive amendments to the GBER.[1] A 100-page annex to the Communication provided the legal text of the draft regulation that would revise Regulation 651/2014.[2] The amendments aim to: Ensure consistency between the GBER and new State aid guidelines. Bring the GBER in line with the EU […]
Mehr lesen
Keine Kommentare
21. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Charging Infrastructure for Electric Vehicles
State Aid Blogs - State Aid Uncovered SM posts 1 2
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a recent decision, the Commission approved a German State aid scheme [SA.104749] for high-power charging infrastructure for […]
Mehr lesen
Keine Kommentare
14. März 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid for the Resolution of a Polish bank
State Aid Blogs - State Aid Uncovered SM posts 1
Introduction Whenever a bank seeks State aid, it must be considered as “failing or likely to fail”. A failing bank must be liquidated or resolved. Resolution means that the critical functions of the bank are preserved while the rest are wound down. Critical functions are those that impact significantly the real economy such as deposits, loans to SMEs or payments. […]
Mehr lesen
Keine Kommentare
7. März 2023  |   State Aid Uncovered von Phedon Nicolaides

Tax Advantages and Competitive Bidding
State Aid Blogs - State Aid Uncovered SM posts 9
Introduction Award of contracts or sale of state assets through competitive bidding procedures or tenders are presumed to result in a market prices and to confer no advantage to the winner in the meaning of Article 107(1) TFEU. However, on 25 January 2023, the General Court ruled, in case T-666/21, Società Navigazione Siciliana v European Commission, that certain tax advantages […]
Mehr lesen
Keine Kommentare
28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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