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 ×

10. März 2026 | State Aid Uncovered von Phedon Nicolaides

Green Economy Hub

State Aid Blogs - State Aid Uncovered photos 2026 03 09T092603.325

A municipality that develops commercial infrastructure engages in an economic activity. A municipality that finances the development of commercially used infrastructure may grant state aid to itself. The selection of the operator of commercial infrastructure on the basis of a competitive procedure eliminates any advantage for the operator. The users of a commercially operated infrastructure do not receive state aid if they pay prices at market […]

Keine Kommentare

3. März 2026 | State Aid Uncovered von Phedon Nicolaides

State Aid for a Fish Auction Hall

State Aid Blogs - State Aid Uncovered photos 2026 03 03T093248.830

State aid may cover up to 100% of the funding gap of a project. The funding gap demonstrates that the aid has an incentive effect. The aid is proportional if it does not exceed the funding gap. State aid in the fisheries sector may have to comply with both Regulation 2022/2473 [FIBER] and the fisheries guidelines. Introduction The Commission recently approved the granting of […]

Keine Kommentare

24. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The Gross-Grant Equivalent of State Aid in Public Guarantees

State Aid Blogs - State Aid Uncovered photos 2026 02 23T112337.714

The amount of state aid embedded in a public guarantee is the difference between the market rate of the premium and the premium, if any, that is actually charged. The market rate of premium reflects the risk borne by the guarantor, which in turn reflects the credit rating of the beneficiary and the value of the collateral, if any, that […]

Keine Kommentare

17. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid

State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248

Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]

Keine Kommentare

3. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard

State Aid Blogs - State Aid Uncovered photos 98

• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]

Keine Kommentare

27. Januar 2026 | State Aid Uncovered von Phedon Nicolaides

Start of Works

State Aid Blogs - State Aid Uncovered photos 97

Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]

Keine Kommentare

23. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise

State Aid Blogs - State Aid Uncovered photos 88

Introduction The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid. Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]

Keine Kommentare

16. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State

State Aid Blogs - State Aid Uncovered photos 87

Introduction There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

2. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid

State Aid Blogs - State Aid Uncovered photos 82

Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]

Keine Kommentare

Nächste Seite »

State Aid Uncovered ×

10. März 2026 | State Aid Uncovered von Phedon Nicolaides

Green Economy Hub

State Aid Blogs - State Aid Uncovered photos 2026 03 09T092603.325

A municipality that develops commercial infrastructure engages in an economic activity. A municipality that finances the development of commercially used infrastructure may grant state aid to itself. The selection of the operator of commercial infrastructure on the basis of a competitive procedure eliminates any advantage for the operator. The users of a commercially operated infrastructure do not receive state aid if they pay prices at market […]

Keine Kommentare

3. März 2026 | State Aid Uncovered von Phedon Nicolaides

State Aid for a Fish Auction Hall

State Aid Blogs - State Aid Uncovered photos 2026 03 03T093248.830

State aid may cover up to 100% of the funding gap of a project. The funding gap demonstrates that the aid has an incentive effect. The aid is proportional if it does not exceed the funding gap. State aid in the fisheries sector may have to comply with both Regulation 2022/2473 [FIBER] and the fisheries guidelines. Introduction The Commission recently approved the granting of […]

Keine Kommentare

24. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The Gross-Grant Equivalent of State Aid in Public Guarantees

State Aid Blogs - State Aid Uncovered photos 2026 02 23T112337.714

The amount of state aid embedded in a public guarantee is the difference between the market rate of the premium and the premium, if any, that is actually charged. The market rate of premium reflects the risk borne by the guarantor, which in turn reflects the credit rating of the beneficiary and the value of the collateral, if any, that […]

Keine Kommentare

17. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid

State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248

Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]

Keine Kommentare

3. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard

State Aid Blogs - State Aid Uncovered photos 98

• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]

Keine Kommentare

27. Januar 2026 | State Aid Uncovered von Phedon Nicolaides

Start of Works

State Aid Blogs - State Aid Uncovered photos 97

Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]

Keine Kommentare

23. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise

State Aid Blogs - State Aid Uncovered photos 88

Introduction The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid. Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]

Keine Kommentare

16. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State

State Aid Blogs - State Aid Uncovered photos 87

Introduction There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

2. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid

State Aid Blogs - State Aid Uncovered photos 82

Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]

Keine Kommentare

Nächste Seite »

State Aid Uncovered ×

10. März 2026 | State Aid Uncovered von Phedon Nicolaides

Green Economy Hub

State Aid Blogs - State Aid Uncovered photos 2026 03 09T092603.325

A municipality that develops commercial infrastructure engages in an economic activity. A municipality that finances the development of commercially used infrastructure may grant state aid to itself. The selection of the operator of commercial infrastructure on the basis of a competitive procedure eliminates any advantage for the operator. The users of a commercially operated infrastructure do not receive state aid if they pay prices at market […]

Keine Kommentare

3. März 2026 | State Aid Uncovered von Phedon Nicolaides

State Aid for a Fish Auction Hall

State Aid Blogs - State Aid Uncovered photos 2026 03 03T093248.830

State aid may cover up to 100% of the funding gap of a project. The funding gap demonstrates that the aid has an incentive effect. The aid is proportional if it does not exceed the funding gap. State aid in the fisheries sector may have to comply with both Regulation 2022/2473 [FIBER] and the fisheries guidelines. Introduction The Commission recently approved the granting of […]

Keine Kommentare

24. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The Gross-Grant Equivalent of State Aid in Public Guarantees

State Aid Blogs - State Aid Uncovered photos 2026 02 23T112337.714

The amount of state aid embedded in a public guarantee is the difference between the market rate of the premium and the premium, if any, that is actually charged. The market rate of premium reflects the risk borne by the guarantor, which in turn reflects the credit rating of the beneficiary and the value of the collateral, if any, that […]

Keine Kommentare

17. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid

State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248

Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]

Keine Kommentare

3. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard

State Aid Blogs - State Aid Uncovered photos 98

• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]

Keine Kommentare

27. Januar 2026 | State Aid Uncovered von Phedon Nicolaides

Start of Works

State Aid Blogs - State Aid Uncovered photos 97

Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]

Keine Kommentare

23. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise

State Aid Blogs - State Aid Uncovered photos 88

Introduction The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid. Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]

Keine Kommentare

16. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State

State Aid Blogs - State Aid Uncovered photos 87

Introduction There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

2. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid

State Aid Blogs - State Aid Uncovered photos 82

Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]

Keine Kommentare

Nächste Seite »

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