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Issue 2/2020 of the European State Aid Law Quarterly (EStAL) is now available. This edition […]

Featuring three long form articles and two reports Issue 1/2020 of the International Chemical Regulatory […]

Mit dieser Ausgabe 2/20 der I+E erscheint das Heft letztmalig in seiner bisherigen Form. Zukünftig […]

Hannah Widemann und Darren Abrahams beleuchten in ihrer Analyse Transparency: Disclosure and Dissemination of Regulatory […]

Mit dieser Ausgabe 2/20 der W+B erscheint das Heft letztmalig in seiner bisherigen Form. Zukünftig […]

Issue 2/2020 of the European Data Protection Law Review (EDPL) is now available! It includes opinions on […]

Issue 2/2020 of the European Competition and Regulatory Law Review (CoRe) is now available! The […]

Die Abfallwirtschaft gehört unbestritten zur „systemrelevanten“ Infrastruktur im Sinne der sprachlichen Kategorien der „Corona-Zeit“ – […]

The second issue of the European Food and Feed Law Review in 2020 is now […]

In the wake of the COVID-19 pandemic, the European Pharmaceutical Law Review (EPLR) has establish […]

In this issue of the European Procurement & Public Private Partnerships Law Review we showcase […]

Strategic litigation has become an increasingly popular way for citizens and civil society groups to […]

Reflecting the growing impact of Artificial Intelligence on the pharmaceutical sector, Issue 1/2020 of EPLR […]

Die aktuelle Ausgabe eröffnet den Jahrgang 2020 mit einer breiten Palette an Aufsatzbeiträgen sowohl zu […]

In cooperation with the AI Transparency Institute, Delphi is happy to publish a special issue […]

Sadly the special issue 3/19 on Audit an Irregularities, Fraud and Corruption marks the final […]

I am grateful to Peter Staviczky for comments on an earlier version of this article. […]

The European Commission proposes new instruments to counter unfair foreign subsidies and acquisition of European […]

Public funding that flows through intermediaries to third parties also counts as a state resource […]

by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court […]

We are happy to receive a guest comment on the EU – UK post-Brexit trade […]

The existence of an advantage has to be proven, not presumed just because its absence […]

As proven by the recent consultation on the Digital Services Act, the European Union is […]

Member States abolish bilateral investment treaties between themselves. When the Commission orders recovery of incompatible […]

By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to […]

Aid to individuals in the context of social policy is compatible with the internal market […]

There is no rule in EU law obliging Member States to grant State aid. The […]

The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number […]

We are happy to share with you an update on the Covid-19 measures that have […]

The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides […]

The European Commission has to consider whether the private investor principle is applicable in cases […]

Legal and practical difficulties in the recovery of incompatible State aid do not constitute justifiable […]

A company is in difficulty if, in practice, its accumulated net losses exceed 50% of […]

Venture capital (VC) is the primary source of financing for early-stage startups bringing their innovation […]

The pricing of a guarantee must take into account not only the financial situation of […]

We are happy to share with you an update on the Covid-19 measures that are […]

Interested parties have a right to know how the compatibility of aid with the internal […]

The European Commission is working on quickly adapting the existing State aid legal framework to […]

During these tough times, Lexxion Publisher wants to help to spread current news and updates […]

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. […]

A colleague of mine (kudos for you know who you are) once told me that […]

We are happy to share with you an update on the Covid-19 support package that […]

Lexxion has created another new live webinar to keep you updated on current developments of […]

Compensation for costs incurred as a result of a natural disaster is State aid. The […]

Due to global developments and responding to various requests, Lexxion has created a live webinar […]

In Otis II, the Court of Justice of the European Union (‘Court’) reaffirms that any […]

Member States will be allowed to provide grants, guarantees and loans to companies to alleviate […]

By Wouter Devroe and Joris Gruyters The COVID-19 crisis calls for urgent State action. Member […]

Progressive turnover taxes are not contrary to the freedom of establishment or the right of […]

By Friso Bostoen and Liesbet Van Acker As the corona pandemic instils more and more […]

At the beginning of March, Belgian government officials realized that normal procedures would no longer […]

By Wouter Devroe & Nina Colpaert COVID-19 is not only stress-testing our competition laws but […]

Capital injections, state guarantees and loans granted to banks can be free of State aid […]

On January 30th, the Court of Justice (“the Court”) released its judgment in the Generics […]

The existence of State aid must be checked at the level of both the direct […]

Liability assumed by the state for the actions of an undertaking constitutes a selective advantage […]

State aid to incentivise the use of waste to produce energy must be individually notified. […]

State aid for important R&D projects of common European interest can cover different costs than […]

If you want to buy Coca Cola products in the supermarket Intermarché in France, you […]

The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most […]

The current rules will apply at least until 31 December 2020. Introduction On Saturday, 1 […]

Support for individual borrowers can be indirect State aid to banks.   Introduction The fact […]

In a CoRe Blog post earlier this month, I introduced the first three ‘antitrust books you should’ve […]

State aid rules can apply to sectors which are legal monopolies. Introduction The fact that […]

While the past year may not have been spectacular on all fronts, it was a […]

Commission approval of State aid to bail-out a bank does not give rise to right […]

Groundbreaking judgments like “Eesti Pagar”, applications of the private investor principle in air transport or […]

A judicial decision on interim measures is a selective measure. The private investor test does […]

Court Court of Justice Date of ruling 16 January 2019 Case name (short version) Eco-Bat […]

A tax that is levied at one level of government and does not apply to […]

When an aid scheme is adjusted by limiting the eligible beneficiaries, it becomes “new” aid […]

The Financial Times reported on Friday, 29 November 2019, that the Conservative party in the […]

Activities which are inseparable from the exercise of official powers are non-economic. Introduction   Pure […]

The very lengthy and complex Google Android decision provides us with lots of material for […]

A shareholder loan cannot be simply compared to a bank loan because the shareholder also […]

Contractual obligation to provide compensation that does not exceed the loss of income is not […]

Risk finance measures for the support for large enterprises or SMEs which operate for longer […]

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with […]

Court General Court Date of ruling 12 December 2018 Case name (short version) Groupe Canal […]

The new owner of a company that received incompatible State aid may be liable to […]

Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Panalpina […]

The assignment of public service tasks to an infrastructure operator is not sufficient to prevent […]

On the 19th of September the Google decision was finally made public after a long […]

Member States may reduce the amount of State aid they grant and companies may not […]

If you ask what the common recent trends are among EU Member States in competition […]

A public authority acting as a private investor ignores past State aid. Introduction It is […]

The duration of entrustment should not exceed the economic life of the investment and the […]

CoRe is partnering up with our friends from across the Atlantic – Competition Policy International […]

Private enforcement has increased, but damages for illegal granting of State aid have been successfully […]

‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. […]

A state-owned promotional or development bank can pursue public policy objectives and also invest on […]

On the 6th of September, Reuters broke the news that the U.S. Department of Justice launched an antitrust […]

The sale must be open, transparent, non-discriminatory, unconditional and the winning bid must be the […]

All individual awards of aid granted to the same project over a three-year period have […]

The interest of national competition authorities in the matter of online platforms and competition law […]

State aid granted on the basis of the GBER may not be considered as authorised […]

The obligations of a concessionaire may be made less onerous in order to enable it […]

  Court Court of Justice Date of ruling 21 March 2019 Case name (short version) […]

The amount of State aid in a repayable advance to support research projects is the […]

An exclusive contract can affect cross-border trade if the awarding authority has the option to […]

For investment aid to the operator of an airport to be considered as indirect aid […]

Economies of scale do not necessarily correlate with ability to pay. Introduction On Thursday, 11 […]

The blocking of the Siemens-Alstom merger reminded everyone of the ‘pros and cons’ arguments in the […]

Competitors of aid recipients may challenge a Commission decision only if State aid causes substantial […]

The 17th of July has been quite the day for Amazon, at least when it comes […]

Aid granted before accession to the EU may not be assessed by the Commission. Introduction […]

This week’s article deals with two issues: possible defence against repayment of incompatible State aid […]

Lately in Europe, international accounting and consulting firms have been facing a number of legal […]

A public authority that acts as a private operator may charge what the market can […]

The MFN cases of the past few years have delivered a series of uncoordinated cases […]

A private investor assesses all components of a complex transaction and takes into account not […]

  Court Court of Justice Date of ruling 26 September 2018 Case name (short version) […]

Progressive tax rates that are consistent with the objective of the tax system are not […]

Last year, I wrote about how the United States considers boarding the tech regulation train that […]

A competitor who wants to challenge a Commission decision authorising State aid without a formal […]

Following the benchmark currency rate manipulation scandal, the banking sector has had no chance to […]

Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for […]

The European Competition and Regulatory Law Review presents its first podcast with speakers from the […]

A tax refund may not be granted, if it constitutes non-notified State aid.   Introduction […]

Non-economic activities have to be accounted separately from economic activities. The exercise of public tasks […]

A competitor must show that it is substantially affected by State aid approved by the […]

During the past few weeks the number of complaints against Apple’s practices concerning the App […]

Public funding of infrastructure which is not constructed for the specific needs of a company […]

Leniency and settlement policies are crucial antitrust enforcement tools. They reward defendants’ cooperation and seek […]

A Commission decision that affects the legal position of an undertaking is actionable before EU […]

We are very happy to welcome you to the editorial team of the CoRe Blog. […]

  Court Court of Justice Date of ruling 20 September 2018 Case name (short version) […]

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche […]

  Court Court of Justice Date of ruling 9 March 2018 Case name (short version) […]

On March 13th, Spotify filed a formal antitrust complaint against Apple with the European Commission (EC). In […]

There is crucial difference between control by the state over resources and attribution to the […]

State measures which are linked and produce both positive and negative effects, must be considered […]

Lexxion. What do you advise companies to focus on in the period before the new […]

  Court Court of Justice Date of ruling 19 April 2018 Case name (short version) […]

  Court General Court Date of ruling 24 November 2017 Case name (short version) Marine […]

  Court Court of Justice Date of ruling 25 July 2018 Case name (short version) […]

On March 14th, the Court of Justice of the European Union (CJEU) issued a ruling […]

Discretion in the form of intervention can remove it from the control of the state. […]

Public funding of functionally and commercially severable parts of an infrastructure project may have incentive […]

Assurances from granting authorities cannot guarantee the legality of State aid. Aid recipients must verify […]

Issue 1/2019 of the European Competition and Regulatory Law Review (CoRe) is now available! It […]

The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online […]

The autonomy that Member States enjoy in the field of direct taxation must be exercised […]

Introduction State aid that is incompatible with the internal market has to be paid back, […]

We kindly invite you to our symposium “Transparency and Non-Discrimination Requirements for Online Platforms: Competition […]

The price should not cover more than 50% of the costs. Introduction An entity that […]

By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) […]

State aid may affect trade even when the market concerned is not liberalised. This can […]

Public assistance to households to pay for their mortgages is not State aid. Public assistance […]

On February 6th, the German Competition Authority (Bundeskartellamt or BKA) adopted its long-awaited Facebook decision, imposing far-reaching […]

  Court Court of Justice Date of ruling 7 September 2017 Case name (short version) […]

A private investor may invest in a troubled company that is restructuring is order to […]

When comparing the behaviour of public and private creditors, it is necessary to ensure that […]

  Court Court of Justice Date of ruling 20 December 2017 Case name (short version) […]

  Court Court of Justice Date of ruling 24 October 2018 Case name (short version) […]

Court Court of Justice Date of ruling 31 May 2018 Case name (short version) Ernst […]

The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it […]

Member States need to demonstrate that public service obligations imposed on undertakings are necessary and […]

Public funds managed by private airport operators can be classified as state resources. Prices charged […]

The past year the EU commission and numerous competition authorities have addressed the matter of […]

Public funds managed by private airport operators can be classified as state resources. Prices charged […]

The investigation On 29 November 2018, the German competition authority (Bundeskartellamt) announced an investigation into Amazon’s business […]

Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to […]

State guarantees must be limited in duration and amount and the conditions for their mobilization […]

Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal […]

To determine whether an aid measure is selective, the treatment of the beneficiaries has to […]

Recently the Court of Justice of the European Union (the CJEU or the Court) issued […]

Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria […]

The diversity of topics in the final edition of the European Competition and Regulatory Law […]

These days Apple is at the Supreme Court trying to defend its pricing scheme for […]

Investors that lodge claims before national courts for damages from resolution of banks have legal […]

The agreement on the withdrawal of the UK from the EU requires compliance with EU […]

The Bundeskartellamt started investigations into the merger between big retail store chains Karstadt and Kaufhof […]

On November 9th, CPI and CCIA organized a conference on the topic of ‘Challenges to Antitrust in […]

Compensation for the extra costs of a public service obligation may include a reasonable profit […]

Operating aid is not normally compatible with the internal market. Therefore, State aid provided through […]

Taxes which are inseparably linked with an aid measure are assessed together with the aid […]

Last week CoRe, CCIA and the VUB held their second (fully booked!) conference about the […]

Neither the existence of market failure, nor national laws that designate a service to be […]

Private enforcement of competition law, particularly with regard to cartel damages claims, has been a […]

Unlimited state guarantees create a presumption that the recipient of the guarantee obtains an advantage […]

The two big department store chains’ plans to merge have gone through quite a bit […]

A private investor assesses the prospects of future profitability before it invests. The burden of […]

The Online World and Its Challenges to Competition and Regulatory Frameworks is the focus of the […]

The objective of common interest that should be supported by State aid does not have […]

Competition Law and Policy in Digital Markets – Conference on 24 October in Brussels Discuss […]

In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation […]

The objective of common interest that should be supported by state aid does not have […]

The objective of common interest that should be supported by state aid does not have […]

The past year has led to a lot of discussion on the relation between competition […]

A tax measure may be selective in relation to both intermediate and final beneficiaries.  An […]

Have you recovered from the World Cup yet? Whether or not, it is now time […]

State aid does not have to be awarded on the basis of a competitive procedure, […]

On August 24th, the US Federal Trade Commission (FTC) announced the opening session of its […]

Compensation for the provision of public services may not exceed the avoidable cost minus any […]

Closer cooperation between Commission services and Member States.   Introduction   The European Commission, DG […]

With the buzz surrounding the EU Commission’s recent Android decision (read about our take on […]

After its withdrawal from the EU, the UK is likely to maintain a State aid […]

Failure to comply with just a single provision of an exemption regulation results in the […]

Shortly after the dropping the A-bomb on Google for its alleged tying practices, the Commission […]

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche […]

Last week’s Commission decision on Google’s Android operating system made for great headlines. On top […]

A selective measure should be determined on the basis of its effects, not on the […]

A selective tax reduction does not constitute State aid if it does not confer an […]

  The case of Ohio v. Amex is the final phase of a long legal […]

Scope of Antitrust and Assessment of the EU Regulatory Framework In the articles section of […]

Introduction   On 18 June 2018, the European Commission published its Annual Report on Competition […]

With the increasing digitalization of economy, algorithms are more and more often relied on by […]

Block exemption of new financial instruments.   Introduction   The Commission has recently published a […]

The German cement cartel has been occupying German courts of all levels for some time. […]

Damage from natural disasters can be remedied in the short-term through direct compensation or in […]

A measure that covers a whole sector can be selective. Distortions caused by the policies […]

Last week’s big antitrust news came from the other side of the Atlantic. On June […]

Most State aid for the development of broadband networks is approved by the Commission. But […]

Algorithmic collusion, algorithmic cartels, AI price fixing cartels and many other pseudo computer science themes […]

A service is classified as an SGEI not only when it is important for citizens […]

Competition Commissioner Margrethe Vestager is making a name for herself as the Commissioner who really […]

Tax exemptions do not constitute State aid when they aim to induce change in the […]

On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting […]

Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings […]

The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd […]

Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings […]

In a press release of 23 April 2018, the EU Commission announced the proposal of […]

The sale of a bank through a fair, open, competitive and transparent procedure that maximises […]

In response to concerns over so-called unfair trading practices (UTPs) between businesses arising from significant […]

Compensation for public service obligations may be fixed at less than the net extra costs […]

The recent case of MEO delivers a meaningful clarification concerning the importance of an effects […]

Banks that receive State aid are considered to be failing banks, except when the aid […]

The Commission’s assessment of the effects of mergers on innovation has fascinated scholars and practitioners […]

A regulatory measure may affect competition but it does not constitute State aid. Administrative changes […]

The German ‘sausage cartel’ has truly turned into the gift that keeps on giving. However, […]

Digital Economy and EU Competition Rules The CoRe Editorial Team is delighted to announce that […]

Health services are not economic in nature when they are funded by the state through […]

The CoRe Blog Team Congratulates Alexandru Sotropa To mark the occasion of our CoRe Blog […]

The application of EU competition law to online platforms has been subject to much debate […]

Prof Heike Schweitzer Will Advise Commissioner on Future Challenges of Digitisation for Competition The European […]

A price below the regulated normal price confers an advantage. Competition is distorted even when […]

The recent fines imposed by the Commission on companies have made headlines quite a few […]

Court General Court Date of ruling 26 October 2017 Case name (short version) KPN BV […]

Court Court of Justice Date of ruling 26 January 2017 Case name (short version) Hansa […]

Court Court of Justice Date of ruling 3 November 2017 Case name (short version) Ferriere […]

  Court Court of Justice  Date of ruling  21 September 2017 Case name (short version) […]

On March 26th, news broke that ride-hailing giant Uber agreed to sell its Southeast Asian […]

Publicly funded infrastructure must be made available to users at prices that correspond to its […]

In its latest strike against anti-competitive behaviour in the tech industry, the EU Commission has […]

A private investor never agrees to an unprofitable transaction while a private creditor may agree […]

Can consumers pay too much when they pay nothing? The question might seem absurd, but […]

The prohibition of export aid prevents distortions in the internal market. Therefore, it cannot be […]

It goes without saying that the name Hoffmann La-Roche serves as an indispensable reference case […]

A large amount of State aid can still be compatible with the internal market if […]

Interview at the Sidelines of CoRe’s Competition Law Conference ‘Does Competition Law Need an Update […]

Entities that pursue profit must be classified as undertakings.   Introduction   On 5 February […]

Court Court of Justice Date of ruling 14 September 2017 Case name (short version) LG […]

Only EU institutions can provide assurances that aid is granted legally. The amount of State […]

Court Court of Justice Date of ruling 26 July 2017 Case name (short version) Persidera […]

Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment […]

Court Court of Justice Date of ruling 6 July 2017 Case name (short version) Toshiba […]

A private investor carries out an assessment of the prospective profitability of a company before […]

Court Court of Justice Date of ruling 27 April 2017 Case name (short version) Akzo […]

When the state exercises its regulatory tasks, it does not have to demand fees and […]

  Court Court of Justice Date of ruling 9 March 2017 Case name (short version) […]

Taxes hypothecated to State aid measures fall within the scope of the assessment of the […]

  Calendar year 2017 Systematic classification scheme Court of Justice General Court Modern reference system […]

To determine whether a measure is selective it is necessary to compare the beneficiary companies […]

Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks […]

When Member States act as regulators they need not maximise revenue from the granting of […]

Find below the court’s diary for all State aid cases this month. Would you like […]

When Member States act as regulators they need not maximise revenue from the granting of […]

Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides […]

State aid has a purely local impact when i) the beneficiaries supply goods or services […]

Article 107(1) requires the assessment of both the direct and indirect impact of a public […]

The fact that the state owns an undertaking is not enough to prove that the […]

The European Commission may withdraw a decision, but before it adopts a new decision it […]

Private resources that come under the control of a public authority become state resources. The […]

Any alteration of an existing aid measure can affect the substance of the measure itself. […]

The prohibition of State aid in Article 107(1) of the Treaty applies both to the […]

Economic activities which cannot be separated from the exercise of public powers cease to be […]

The Commission must apply the private creditor test even if a Member State does not […]

When the state acts in its capacity as legislator it is not presumed to direct […]

Calculating de minimis aid according to the average amount of aid received by undertakings is […]

The Commission must open the formal investigation procedure when it has serious doubts about the […]

A rational market operator can agree to arbitration if there is no reasonable prospect of […]

The proxy rates in the Commission Notice on Guarantees cannot be used in cases of […]

Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. […]

A private investor chooses the less costly option between selling a company at a loss […]

A public authority acts like a private investor when it injects capital in a stricken […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

Relief from a penalty imposed by EU rules is State aid that is incompatible with […]

State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

The sale of a public asset is free of State aid when it is open, […]

The eligibility of an aid applicant and the legality of the aid are determined at […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

The free transfer of a trademark that belongs to the state confers two possible advantages […]

Purely religious activities and education funded by the state are not economic in nature.   […]

Purely religious activities and education funded by the state are not economic in nature. Introduction […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

State resources and imputability or attribution to the state are two distinct concepts. They must […]

Public funding of ports confers an advantage to their owners, but not for operators chosen […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

This blog examines how much aid goes to support broadband networks and what lessons can […]

Today we are glad to welcome Nevin Alija to the State Aid Blog. She is […]

Aid must be capable of remedying the regional handicap.   Introduction A novel aspect of […]

Transfers of public assets for the purpose of extinguishing debt have to be valued according […]

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]

The compulsory nature of an assigned public mission makes the services covered by the mission […]

Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant […]

A company that applies for State aid is considered to acquire a right to that […]

Insurance funds contributed by banks become state resources if they are managed by public agencies. […]

Turnover taxes should be levied at a single rate. Introduction This is the fourth case […]

Find below the court’s diary for all State aid cases this month. Would you like […]

A short note on the previous blog post on State aid control in the UK […]

A nominal price may be charged for genuine non-economic services as long as it supports […]

Compliance with public service obligations imposed on a provider of services of general economic interest […]

The scope of public service obligations must be proportional to the identified market failure.   […]

The UK will “take back control” over State aid. With it will come the challenge […]

Find below the court’s diary for all State aid cases this month. Would you like […]

The provider of a service of general economic interest does not have to be more […]

State aid may be granted to solvent banks which face temporary liquidity difficulties.     […]

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies […]

With great pleasure we welcome again Professor Erika Szyszczak to our blog. Erika is a […]

A well-designed State aid measure is preceded by a rigorous ex ante study that identifies […]

Find below the court’s diary for all State aid cases this month. Would you like […]

Adapting know-how for the needs of clients is not research. Aid for projects for which […]

Operators of research infrastructure do not benefit from State aid, if they fully pass on […]

State aid granted in the form of public guarantees is transparent aid when it is […]

Public service obligations may cover both profitable and unprofitable segments of the market.   Introduction […]

National courts may not question Commission decisions but they may ask the Court of Justice […]

Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, […]

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that […]

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that […]

Providers of public services must keep separate accounts. The parameters for calculating the compensation for […]

From remarks on the Commission Notice on the Notion of State aid over to the […]

Tax payers have grounds to object to a tax on the basis of Article 107(1) […]

Questions around selectivity of tax measures, the private creditor test, the new Commission Notice on […]

Modification of an existing aid measure turns it into a new aid measure if it […]

The following is a summary of the main points that were presented and the issues […]

Progressive taxes can constitute State aid. Exemption from a packaging tax of packaged goods which […]

The normal costs of an undertaking include all the costs of compliance with the obligations […]

State aid measures need not be open to all undertakings.   Introduction On 11 October […]

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute […]

When the state, acting as a private investor, seeks to recover past public investments, it […]

A measure can be selective even if it applies to a whole sector. An existing […]

Progressive taxes levied on turnover can provide State aid that is incompatible with the internal […]

Alternative tax regimes do not provide State aid as long as they raise the amount […]

Today we are glad to welcome Dr. Gherardo Carullo, research fellow and Ph.D. in law […]

Control of State aid by national authorities needs to be strengthened. Typical mistake is to […]

This article reviews three judgments that were all rendered on 15 September 2016. The first […]

When the state imposes obligations which create extra costs for a single undertaking, that undertaking […]

We are happy to welcome back Prof Erika Szyszczak on the State Aid Blog today. […]

Find below the court’s diary for all State aid cases this month. Would you like […]

In the meaning of regional aid rules, diversification in a “new activity” is not the […]

Public assistance to borrowers who cannot repay their loans does not constitute State aid if […]

We are happy to welcome Dr Michał Bernat on the State Aid Blog today. He […]

Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by […]

This is the third and last article in a series of three that reviews the […]

Find below the court’s diary for all State aid cases this month. Would you like […]

This is the second article in a series of three that reviews the Commission’s Notice […]

The Notice provides a thorough review of the case law and the decisional practice of […]

What is State aid? Why do I need to be concerned about State aid? These […]

Member States must publish the aid measures they adopt on the basis of the GBER. […]

What is State aid? Why do I need to be concerned about State aid? These […]

What is State aid? Why do I need to be concerned about State aid? These […]

Tax rulings on transfer pricing have to approximate market-based outcomes.   Introduction Twenty years ago, […]

What is State aid? Why do I need to be concerned about State aid? These […]

The existence of market failure is not necessary for aid to be declared compatible under […]

What is State aid? Why do I need to be concerned about State aid? These […]

The risk of relocation outside the EU is not accepted as a justification for the […]

What is State aid? Why do I need to be concerned about State aid? These […]

There has been an impressive increase in the use of the General Block Exemption Regulation. […]

What is State aid? Why do I need to be concerned about State aid? These […]

After the spontaneous words on Brexit and State aid last week, I continue with the […]

Find below the court’s diary for all State aid cases this month. Would you like […]

What is State aid? Why do I need to be concerned about State aid? These […]

The second part of the Lithuanian measure on the LNG terminal was scheduled to be […]

What is State aid? Why do I need to be concerned about State aid? These […]

Today we are glad to welcome once again Gian Marco Galletti as guest author on […]

A provider of services of general economic interest may receive both investment aid and compensation […]

What is State aid? Why do I need to be concerned about State aid? These […]

A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation […]

What is State aid? Why do I need to be concerned about State aid? What […]

Aid measures that target persons with particular needs and who are not adequately provided by […]

We are happy to welcome Erika Ellyne on the State Aid Blog today. She is […]

Find below the court’s diary for all State aid cases this month. Would you like […]

Arrangements established by law whereby undertakings are compensated for any extra payments they make to […]

State aid is an objective concept. When the Commission assesses a measure it has to […]

A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market […]

A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market […]

State guarantees can be used to support loans for working capital. The amount of State […]

Find below the court’s diary for all State aid cases this month. Would you like […]

Bank resolution may involve State aid. However, the depositors do not normally benefit from State […]

A private investor always takes into account all available information before it makes any investment. […]

Public funding of local infrastructure is not State aid when the responsibility for the infrastructure […]

Find below the court’s diary for all State aid cases this month. Would you like […]

Public funding of advisory and information activities may constitute State aid. Public funding of industry […]

Membership of a compulsory insurance scheme can still confer an advantage to participating undertakings. Private […]

Aid to remedy the damage caused by natural disasters can be granted only if the […]

Public funding of open and freely used infrastructure is not State aid. Public funding of […]

We are happy to welcome two young professionals on the State Aid Blog today. Guðmundur […]

Find below the court’s diary for all State aid cases. Would you like to write […]

A market investor carries out a thorough ex ante analysis of the prospects of an […]

A tax exception is normally a selective measure. However, exceptions which are open to all […]

Public funding of assets which are used exclusively by certain undertakings constitutes State aid. If […]

Public funding of public infrastructure is not State aid. Public funding of connections between public […]

The exclusive use of a public asset or an asset funded by public money may […]

Find below the court’s diary for all State aid cases. Would you like to write […]

Public funding of non-economic activities does not create State aid problems when any related economic […]

Undertakings obtain an advantage when the state pays for their normal costs. Normal costs are […]

The value of an asset can be determined according to different methods. The main methods […]

An exception from a tax system is not selective if it is a priori open […]

Find below the court’s diary for all State aid cases. Would you like to write […]

This is the second part of the article that was published last week. Regional aid, […]

Questions around Altmark, the Market Economy Investor Principle, the granting of De Minimis aid and […]

Regional aid, like all State aid, must be necessary and proportional. Regional aid is necessary […]

Sectoral regulation is not the same as definition of public service obligation. Aid that favours […]

From Amazon’s ‘advance pricing agreement’ over State aid to the Hungarian electricity market to Black […]

Aid that pre-exists the entry of a Member State into the EU is “existing” and […]

The following blog post is another contributory piece by Emanuela Matei, Associate Researcher at the […]

Find below the court’s diary for all State aid cases. Would you like to write […]

State aid is granted on the date the relevant public authority makes an irrevocable commitment […]

Public investment is free of State aid when it is made at the same time […]

Favourable tax treatment to alleviate “structural disadvantages” suffered by certain companies is a selective measure […]

The following is a summary of the main points that were presented and the issues […]

The value of land corresponds to its market price that can be determined through open […]

Find below the court’s diary for all State aid cases. Would you like to write […]

Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and […]

A SGEI provider does not have to be efficient by industry standards in order to […]

The following blog post is a contributory piece by Emanuela Matei, Associate Researcher at the […]

Should the amount of recoverable aid be similarly reduced by the amount that is allegedly […]

When Member States impose PSOs they are never allowed to grant even a single euro […]

Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu   Thursday 01/10/2015 Judgment in Case C-357/14 P […]

In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s […]

A public authority, acting as a private investor, may provide finance which is free of […]

Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other […]

The following article summary is a contributory piece by Gian Marco Galletti. The full piece […]

Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that […]

Compensation for public service obligations is compatible with the internal market when, at minimum, a […]

Even traditional monopolists, like postal operators, have to comply with the rules on compensation for […]

Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a […]

Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu   Thursday 03/09/2015   Judgment in Case C-89/14 […]

The market price of land or buildings can be determined via auction, expert valuation or […]

Member States differ significantly in their propensity to grant fiscal aid.   Introduction Interest in […]

Ex post evaluation is not just a “pillar” of State Aid Modernisation. It is also […]

Individual awards of de minimis aid must remain below the relevant threshold as well as […]

A public authority can act as a private investor in paying to avoid costly contractual […]

The Market Economy Investor Principle also applies to transactions between related companies. A private investor […]

De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same […]

The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and […]

Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.de Wednesday 01/07/2015 Opinion in Case C-357/14 P […]

The standard of proof of whether a measure is selective depends on whether that measure […]

Ex post monitoring will be pursued vigorously by the Commission. Irregularities in the implementation of […]

Last week our 13th Experts‘ Forum on New Developments in European State Aid Law took […]

At the end of April, the European Commission announced that seven measures were found not […]

Greater use of the new General Block Exemption Regulation means fewer State aid measures subject […]

Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu Thursday 04/06/2015 Judgment in Case C-15/14 P Commission v […]

Injection of public capital in an undertaking conforms with the market economy investor principle when: […]

Restructuring aid can finance any part of a restructuring plan. Compensatory measures initiated before the […]

Even efficient companies will fail the 4th Altmark criterion if their costs are not proven […]

Where there is a constitutional division of tax competences, different authorities may tax similar activities […]

In managing infrastructure, a public authority acts as a private operator when it seeks a […]

State aid rules apply to measures which are either harmonised at EU level or are […]

Interested in #Stateaid? Get in touch and write a blog post or a comment for […]

The sale of land and buildings owned by a public authority conforms with the market […]

Part II: Support of electricity production from renewable energy sources is normally compatible with the […]

Support of electricity production from renewable energy sources is normally compatible with the internal market. […]

The amount of State aid in a guarantee that makes possible the granting of a […]

Got something to say about State Aid? Want to write something on our Blog? Get […]

Low-interest loans may be used to support investments. The granting of de minimis aid through […]

A quick look at the latest ruling of the CJEU from Thursday 19th March.   […]

This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday […]

Interactive Seminar on The Role of the Market Economy Investor Principle (MEIP) | Infrastructure Funding […]

Compensation for structural disadvantages encumbering undertakings is still State aid. Compensation for structural disadvantages encumbering […]

Health insurance which is based on the principle of social solidarity is not economic in […]

A look at the Court’s ruling of 18th December 2014 and the use of abnormally […]

A look at the month ahead Got something to say about State Aid? You can get […]

When the Commission orders recovery of aid that is intended to be passed on to […]

The General Court confirmed that France granted State aid compatible with the internal market to […]

The granting of exclusive rights may confer an advantage but does not in itself result […]

Public service obligations must be entrusted by an official act and defined with sufficient precision. […]

GNK Dinamo Zagreb: Will the next act of the sports and State aid saga play […]

On Thursday 12th February the CJEU passed down its ruling in C-37/14, finding that France […]

A quick look at the month ahead in the GC/CJEU and reminder about how to […]

Different interventions that aim to finance the same restructuring plan constitute a single measure. A […]

Security of energy supply can be a service of general economic interest. Avoiding harm to […]

A detailed note on Case C-518/13 The Queen, on the application of Eventech Ltd v […]

Public infrastructure which is not exploited for commercial purposes does not result in an advantage […]

The Commission’s opening decision: What should we make of Amazon’s ‘advance pricing agreement’ (APA) and […]

Public funding of infrastructure which is open to any user does not constitute State aid. […]

A quick look at the two new rulings this week. This post gives a preliminary […]

Structural fund rules for the period 2014-2020 define ex ante conditionalities that have to be […]

On Thursday the 8th January the GC dismissed all four pleas in the action for […]

A tax measure that applies to certain transactions is not selective if it does not […]

Wishing all our readers and contributors a very happy 2015, this post takes look at […]

The granting of a tax exception is often found to constitute State aid. But the […]

Keeping the flock together: A response to discussions on the GBER and SAM at ESTALI […]

Infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of […]

When a public entity injects fresh capital in a company in which it is already […]

Tax measures are selective when they constitute an exception or deviation from the normal or […]

On Wednesday 3rd December the GC found Spanish aid granted to coal power plants to […]

Public funding of local sport infrastructure may constitute State aid. The granting of a concession […]

On Tuesday (25.11.2014) the General Court delighted the StateAidHub team by dishing out a shiny […]

The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 […]

What are we to make of the Commission’s decision to open an in-depth investigation into […]

This comment looks at the Commission’s decisions to open in-depth investigations into the tax treatment […]

Regulation on land use or changes in such regulations do not constitute State aid. Administrative […]

Extension of an existing aid measure results in the granting of new aid. Only conditions […]

Relief from property tax is State aid even when the user of the property is […]

Public funding of an undertaking is free of State aid when it is accompanied at […]

A measure is attributed to a decision of a Member State if it is allowed […]

For a measure to constitute State aid, it must, among other things, be attributed to […]

Price regulation can constitute State aid if the state forgoes potential revenue. However, for price […]

The only defence for non-recovery of incompatible State aid is absolute impossibility. Obstacles in domestic […]

A measure determined independently by similar public entities is not selective even if it varies […]

The Commission has wide discretion in assessing the compatibility of State aid with the internal […]

If a public authority guarantees a loan to a company that is in financial difficulty […]

Maintaining capacity that is necessary for the provision of normal services cannot be classified as […]

Article 107(1) also applies to payments that offset the damage caused by natural disasters. It […]

Taxes may not be examined by the Commission in the context of Article 107 even […]

An undertaking that has received incompatible State aid must pay it back or, if it […]

Competitive selection of the operator of an infrastructural facility normally eliminates State aid. However, modifications […]

Internal transfer of capital which is not used to fund new economic activities is not […]

A public authority that injects capital in an undertaking [or provides any other kind of […]

Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations […]

Public authorities and the entities they control need to ensure that injection of public money […]

The new GBER at a glance Common Provisions: aid must be transparent, must have incentive […]

Activities which are part of the performance of public duties are non-economic in nature [e.g. […]

As more State aid measures in the future will be granted on the basis of […]

Public funding of a public-private partnership for the construction and maintenance of public schools may […]

SGEI can be defined and public service obligations can be imposed only when the market […]

The Commission is not obliged to quantify precisely the amount of aid that has to […]

The imposition of a public service obligation must be preceded by market analysis that shows […]

A market operator accepts to be bound in long-term contracts, which entail more risk because […]

Providers of SGEI must maintain separate accounts. Parameters of compensation must be determined in advance. Ex-post […]

The new guidelines are wider in scope: They also cover energy infrastructure, energy capacity and […]

Recipients of State aid obtain an advantage even if they do not succeed to improve […]

Unlimited state guarantees are never compatible with the internal market. The existence of an unlimited guarantee […]

A public authority acting as private creditor must exhaust all legally available means of recovering […]

Public service obligations may only be imposed where the market does not provide adequate services […]

The existence of an advantage cannot be excluded when the operator of an infrastructural facility […]

Aid that is granted after the start of a project lacks incentive effect and is, […]

Two or more enterprises may constitute a single undertaking when their owners and/or managers are […]

Introduction Last week I reviewed the main provisions of the new Guidelines on State Aid […]

Introduction[1] One more set of State aid rules for 2014-20 has been adopted. On Thursday, […]

Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which […]

Introduction Last week I reviewed the new State aid guidelines on risk finance. This week […]

Introduction   On 15 January the Commission adopted the fourth set of guidelines for the […]

Introduction Public authorities often argue that the activities they support are important and that they […]

Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter […]

Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case […]

Introduction[1] It is appropriate to start this year’s articles on State aid with an appraisal […]

Introduction A few months ago I wrote an article on this blog explaining the big […]

Introduction If you ask a national official who deals with State aid to identify the […]

Introduction What prevents a Member State from granting State aid without first notifying it to […]

Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, […]

Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of […]

Introduction   The private investor principle (PIP) or market economy investor principle is well established […]

Background France Télévisions is a limited company wholly owned by the French State. As France […]

Introduction When a public authority invests in an undertaking, it must earn a return at […]

Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that […]

Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits […]

Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which […]

Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for […]

Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has […]

On 18 July 2013, in case C-6/12, the Court of Justice of the European Union […]

Introduction Several postings in this blog have examined cases concerning funding of port, airport or […]

This is a rather long posting divided into two parts both of which deal with […]

Introduction Normally, economic analysis is used by the Commission to find out whether a measure […]

Public measures that do not constitute state aid are as interesting as the measures that […]

Introduction A couple of years ago, the big issue in State aid law was the […]

The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. […]

Introduction After the judgments of the General Court and the Court of Justice on public […]

This posting examines several recent measures which do not have a single common theme. However, […]

Introduction Environmental aid is the second largest horizontal category of state aid, after regional aid. […]

Introduction This posting reviews the judgment of the Court of Justice of the European Union […]

This posting examines an Irish and a German measure concerning reduction in passenger taxes. As […]

Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by […]

Introduction: The need for evaluation The State Aid Modernisation that was launched by the European […]

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], […]

Introduction In the previous posting I examined the funding of a regional airport. In this […]

During the past 18 months or so, the European Commission has launched more than 20 […]

On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 […]

This post examines the two latest judgments of EU courts on State aid. They do […]

The obligation of the state to act as a private vendor   When a public […]

The previous posting examined a case where the European Commission applied the Market Economy Investor […]

State Aid Uncovered State aid law and policy evolve all the time. The basic rules […]

On 3 October 2012, the European Commission concluded, in case SA.33988, that OPAP, the Greek […]

Introduction   The posting reviews three recent rulings of the General Court. They are significant […]