Die führende Veranstaltung zum Abfallrecht
Düsseldorfer Abfallrechtstag 2021
Für Mitarbeiter von Ministerien, Behörden, Verbänden, Energiewirtschaft und auch auf Abfallrecht spezialisierte Kanzleien und Anwälte. Wir bringen Sie auf den neuesten Stand im Kreislaufwirtschaftsrecht.
REACH + CLP, 6. Auflage 2021
Stand 1. November 2020
Die 6. Auflage von REACH+CLP beinhaltet die aktuellen Entwicklungen des europäischen Chemikalienrechts und einen Ausblick auf die nächsten Jahre.
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Zeitschriften
Call for Case Notes
The editorial team of CoRe welcomes case note submissions on the following judgments and decisions: […]
CoRe 1/2021 – Improving EU Rules on Digital Platform Markets
Issue 1/2021 of the European Competition and Regulatory Law Review (CoRe) is out now! In […]
AbfallR 1/2021 – Jetzt verfügbar
Das Jahr 2021 bringt für die Abfall- und Kreislaufwirtschaft viele Neuerungen mit sich. Es sind […]
EPLR 4/2020 Out Now
The fourth issue of the European Pharmaceutical Law Review in the 2020 is now available. […]
EurUP 4/2020 Jetzt verfügbar
EurUP 4/20 bietet zum Jahresausklang noch einmal einen bunten Strauß an Themen: Böhringer widmet sich […]
Call for Case Notes
The editorial team of EStAL welcomes case note submission on the following judgments: Judgment of […]
UWP 4/2020 Jetzt verfügbar
Heft 4/2020 der UWP startet mit einem Beitrag zum Planungssicherstellungsgesetz, das geschaffen wurde, um (europa)rechtskonforme […]
EDPL 4/2020 Out Now
Issue 4/2020 of the European Data Protection Law Review (EDPL) is now available! It includes […]
EPPPL 4/2020 Out Now
Issue 4/2020 of the European Procurement & Public Private Partnerships Law Review (EPPPL) is out […]
StoffR 4/2020 – Jetzt verfügbar
Kosmetik-Reglementierung in Südkorea, Meldepflicht in der Schweiz, Ökotoxikologische Daten im Sicherheitsdatenblatt, PFOA und POP, nikotinhaltige […]
EStAL 4/2020 Out Now
Issue 4/2020 of the European State Aid Law Quarterly (EStAL) is now available. It offers […]
Die neue UWP – Umweltrechtliche Beiträge aus Wissenschaft und Praxis
„UWP“ vereint die Kernkompetenzen der Zeitschriften „I+E“ und „W+B“ zu einer neuen, umfassenden umweltrechtlichen Zeitschrift […]
Ausgabe 2/2020
Mit dieser Ausgabe 2/20 der W+B erscheint das Heft letztmalig in seiner bisherigen Form. Zukünftig […]
Issue 4/19 – Special Issue on AI Governance
In cooperation with the AI Transparency Institute, Delphi is happy to publish a special issue […]
EStIF says its farewell
Sadly the special issue 3/19 on Audit an Irregularities, Fraud and Corruption marks the final […]
Latest Blog Posts
The antitrust books you should’ve read in 2020 [part 2]
In a CoRe Blog post last month, I introduced the first three ‘antitrust books you […]
State Aid May be Limited to Undertakings with Close Links with the National Economy (Part I)
State aid may be used to compensate airlines licensed by domestic authorities for losses incurred […]
“Three Great Mountains” for the Chinese State-Owned Investments in the European Union
In April of 1948, Chairman Mao Zedong in his speech to a conference of political […]
Liquidity Assistance to Banks to Counter the Effects of Covid-19
Any direct public support of financial institutions affected by covid-19 has to comply with both […]
The State Acting as a Regulator
When the state acts as a regulator, it does not have to charge a licence […]
Helsinki Busses, Loans, Article 93 and Indemnification
Bus transportation provided by public authorities constitutes economic activity. Loans given by a public authority […]
Training and State Resources
The definition of quality indicators and the establishment of certificates of quality do not amount […]
The antitrust books you should’ve read in 2020 [part 1]
One year ago, I wrote The Antitrust Books You Should’ve Read in 2019. In the […]
Funding of Public Hospitals
Public healthcare provided in accordance with the principle of social solidarity is not economic in […]
A First Evaluation of Covid-19 State Aid
There is a significant variation across Member States in terms of the number of aid […]
One Agreement, Two Parallel Systems: Subsidies in the Trade and Cooperation Agreement between the EU and the UK
The agreement on subsidies allows the UK to deviate from EU State aid rules. Introduction […]
The Time Horizon of a Private Investor
A public authority that claims that it invests for the long term, must still prove […]
Attribution to the State does not necessarily Imply Control by the State
Prices fixed by the state do not necessarily confer control to the state over the […]
The Law, Economics and Art of Compensation for Public Service Obligations
State aid in the form of compensation for public service obligations must exclude any intangible […]
Pricing algorithms and competition: what competitive concerns do pricing algorithms raise?
Introduction Through Big Data and increasing digitalisation of commerce, algorithmic pricing (AP) has become a […]
A Rare Case of Altmark-compliant SGEI (Part II)
For a service to be in the general economic interest, it must be shown to […]
Why you (often) don’t need the essential facility doctrine in the digital economy? – Interpreting Lithuanian Railways and Slovak Telekom
The insights from Lithuanian Railways and Slovak Telekom may have serious implications for the application […]
A Rare Case of Altmark-compliant SGEI (Part I)
For a service to be in the general economic interest, it must be shown to […]
Lithuanian Railways and Slovak Telecom – Implications for the Essential Facility Doctrine
The recent cases of Lithuanian Railways and Slovak Telekom address the matter of refusal to […]
De Minimis Aid
If different awards of de minimis aid bring the total amount over the ceiling of […]
What is the Value of Informal Commission Communications?
An official’s statement can be imputed to his authority if it can be reasonably assumed […]
2019:232 Qualcomm and Qualcomm Europe v Commission
Court General Court Date of ruling 9 April 2019 Case name (short version) Qualcomm and […]
2019:514 Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Hitachi-LG Data […]
2019:515 Sony Corporation and Sony Electronics, Inc v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Corporation […]
2019:498 Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission
Court General Court Date of ruling 11 July 2019 Case name (short version) Huhtamäki Oyj […]
2019:356 Recylex SA and Others v European Commission
Court General Court Date of ruling 23 May 2019 Case name (short version) Recylex SA […]
2019:354 KPN BV v European Commission
Court General Court Date of ruling 23 May 2019 Case name (short version) KPN BV […]
2019:283 Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów
Court Court of Justice Date of ruling 3 April 2019 Case name (short version) Powszechny […]
2019:532 Région Île-de-France v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Région Île-de-France […]
2019:517 Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Optiarc, […]
2019:519 Quanta Storage, Inc. v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Quanta Storage, […]
2019:522 Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. v European Commission
Court General Court Date of ruling 12 July 2019 Case name (short version) Toshiba Samsung […]
2019:633 FVE Holýšov I s. r. o. and Others v European Commission
Court General Court Date of ruling 20 September 2019 Case name (short version) FVE Holýšov […]
2019:675 HSBC Holdings plc and Others v European Commission
Court General Court Date of ruling 24 September 2019 Case name (short version) HSBC Holdings […]
2019:1134 Furukawa Electric v Commission
Court Court of Justice Date of ruling 19 December 2019 Case name (short version) Furukawa […]
2019:1025 LS Cable & System v Commission
Court Court of Justice Date of ruling 28 November 2019 Case name (short version) LS […]
2019:966 Silec Cable and General Cable v Commission
Court Court of Justice Date of ruling 14 November 2019 Case name (short version) Silec […]
The Concept of SME, Indirect Control by Public Bodies and New Problems for Public Universities and Research Organisations
I am grateful to Peter Staviczky for comments on an earlier draft. A company that […]
Evaluation of EU State Aid Rules: Need for Greater Transparency
On Friday, 30 November 2020, the European Commission published a Staff Working Document [SWD(2020) 257 […]
Epic v Apple (3): two perspectives on app stores’ 30% commission fee
In a first blog post in this Epic v Apple series, we introduced the high-stakes […]
The Common European Interest and the Environmental Impact of State Aid: The Case of Nuclear Power
I am grateful to Peter Staviczky for comments on an earlier version. The possible negative […]
Covid-19 and the geopolitics of the Herfindahl-Hirschman Index
The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization […]
Employees’ Social Security Contributions and Compensation for Damage
Fiscal benefits to employees do not constitute State aid as long as they do not […]
Market Economy Operator Principle: The Case of FIH
Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and […]
Two hats on one head: Competition authorities and FDI screening
The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the […]
Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
I am grateful to Péter Staviczky for comments on an earlier draft of this article. […]
Market Economy Operator Test
A rational airport operator considers only incremental revenue and costs and ignores any cost not […]
Epic v Apple (2): market power and foreclosure in the app distribution market(s)
Epic’s battle against Apple has been extensively covered in media in the past month. This […]
A Real Estate Deal that Does not Affect Intra-EU Trade
Operators selected through competitive, transparent, non-discriminatory and unconditional procedures receive no State aid. When only […]
Non-economic Activities and Services of General Economic Interest
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as […]
State Control without State Imputability
A snapshot of Covid-19 State aid Number of Covid-19 approved measures1, 2 [EU27 + UK, […]
Epic v Apple (1): introducing antitrust’s latest Big Tech battle royale
Mid-August 2020, a series of events unfolded in a short period of time. They may […]
Pari Passu Investments
Update on Temporary Framework: Number of approved and published covid-19 measures, as of 28 August […]
Slack v. Microsoft – more than just another tying case
The recent wave of claims against digital giants appears to have completed a circle with […]
The Non-economic Nature of Certain IT Services for Higher Education
Publicly funded educational services are not economic in nature. Activities intrinsically linked to public tasks […]
MEIP-Compliant Bank Recapitalisation: CEC Bank
An investor who is already a shareholder would take into account not only the return […]
The Commission Must Act in Accordance with the Principle of Proportionality
The opening of a formal investigation obliges Member States to suspend implementation of their State […]
Draft Regional Aid Guidelines: Simpler and Clearer
Update on Temporary Framework: Number of approved and published covid-19 measures, as of 31 July […]
Taxation of Multinational Companies: The Apple Case – A Political Setback for the Commission, but a Victory on Principle
Defects, incompleteness and inconsistencies in tax rulings are not sufficient to prove the existence of […]
2019 Competition Report
The Annual Competition Report is a useful document, but it should provide more information on […]
Third Amendment to the Temporary Framework & Prolongation of the GBER, De Minimis Regulation and Guidelines
Micro and small enterprises in difficulty are no longer excluded from the Temporary Framework. Undertakings […]
Health Insurance Based on Social Solidarity Is Non-economic
I am grateful to Peter Staviczky for comments on an earlier version of this article. […]
The Commission’s White Paper on Foreign Subsidies: A Real Problem that Needs Sharper Tools
The European Commission proposes new instruments to counter unfair foreign subsidies and acquisition of European […]
Direct v Indirect Advantages: The Case of Sardinian Airports
Public funding that flows through intermediaries to third parties also counts as a state resource […]
Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica
by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court […]
When State Aid Gets Political
We are happy to receive a guest comment on the EU – UK post-Brexit trade […]
Private Investor and Preferential Regulatory Treatment
The existence of an advantage has to be proven, not presumed just because its absence […]
Re-imagining the Abuse of Economic Dependence in a Digital World
As proven by the recent consultation on the Digital Services Act, the European Union is […]
i) Investor-State Arbitration ii) Recovery of Incompatible State Aid iii) State Aid Scoreboard 2019
Member States abolish bilateral investment treaties between themselves. When the Commission orders recovery of incompatible […]
Covid-19 and the transformative power of State Aid: a framework for a democratically legitimate recovery
By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to […]
State Aid for i) Water Development ii) Travel
Aid to individuals in the context of social policy is compatible with the internal market […]
No New Aid to Undertakings that Have not Yet Repaid Incompatible Aid
There is no rule in EU law obliging Member States to grant State aid. The […]
Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number […]
Belgium and COVID-19: The European Commission Approves Several Belgian State Aid Measures
We are happy to share with you an update on the Covid-19 measures that have […]
Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank
The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides […]
Advantage Must be Proven, Not Assumed
The European Commission has to consider whether the private investor principle is applicable in cases […]
Non-recovery of Incompatible State aid Is Costly
Legal and practical difficulties in the recovery of incompatible State aid do not constitute justifiable […]
Identification of Undertakings in Difficulty
A company is in difficulty if, in practice, its accumulated net losses exceed 50% of […]
Venture capital and antitrust: on exit strategies, killer acquisitions, and innovation harms
Venture capital (VC) is the primary source of financing for early-stage startups bringing their innovation […]
How to Price a Guarantee
The pricing of a guarantee must take into account not only the financial situation of […]
COVID-19 Measures Adopted and State Aid Measures (Hopefully) to Be Adopted: An Update from Cyprus
We are happy to share with you an update on the Covid-19 measures that are […]
Errors in State aid Procedures Need not Result in Annulment of a Commission Decision
Interested parties have a right to know how the compatibility of aid with the internal […]
Follow Up Webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 20 April
The European Commission is working on quickly adapting the existing State aid legal framework to […]
Open Access Content Related to Covid-19: At a Glance
During these tough times, Lexxion Publisher wants to help to spread current news and updates […]
EU Decisions Override National Decisions on Compensation for Public Service Obligations
The principle of res judicata cannot be used to avoid recovery of incompatible State aid. […]
EURIBOR Cartel: Features of Collusion and Detection of Cartel
A colleague of mine (kudos for you know who you are) once told me that […]
Covid-19 Support Package for Entrepreneurs: An Update from Poland
We are happy to share with you an update on the Covid-19 support package that […]
Live Webinar: Covid-19 & State Aid Law in the UK Now
Lexxion has created another new live webinar to keep you updated on current developments of […]
How to Make Good the Damage Caused by a Natural Disaster
Compensation for costs incurred as a result of a natural disaster is State aid. The […]
Join our live webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 2 April
Due to global developments and responding to various requests, Lexxion has created a live webinar […]
Otis II: A lost opportunity to clear the mist
In Otis II, the Court of Justice of the European Union (‘Court’) reaffirms that any […]
A New Temporary State aid Framework to Fight the Effects of the Corona Virus
Member States will be allowed to provide grants, guarantees and loans to companies to alleviate […]
Corona and EU economic law: State aid
By Wouter Devroe and Joris Gruyters The COVID-19 crisis calls for urgent State action. Member […]
Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes
Progressive turnover taxes are not contrary to the freedom of establishment or the right of […]
Corona and EU economic law: Antitrust (Articles 101 and 102 TFEU)
By Friso Bostoen and Liesbet Van Acker As the corona pandemic instils more and more […]
Corona and EU economic law: Public procurement in times of (extreme) urgency
At the beginning of March, Belgian government officials realized that normal procedures would no longer […]
Corona and EU economic law: Free movement of goods
By Wouter Devroe & Nina Colpaert COVID-19 is not only stress-testing our competition laws but […]
Financial Transactions between the State and Banks with No State aid
Capital injections, state guarantees and loans granted to banks can be free of State aid […]
Reverse payment settlements in the European Union after the Generics (UK) judgment – perplexing legal uncertainty
On January 30th, the Court of Justice (“the Court”) released its judgment in the Generics […]
Public Funding of Infrastructure without State Aid
The existence of State aid must be checked at the level of both the direct […]
Environmental Remediation and State Liability
Liability assumed by the state for the actions of an undertaking constitutes a selective advantage […]
From Waste to Energy
State aid to incentivise the use of waste to produce energy must be individually notified. […]
An Important (and so far, Unique) Project of Common European Interest
State aid for important R&D projects of common European interest can cover different costs than […]
The Intermarché-Coca Cola dispute: Who’s the bad guy? An analysis of the retail distributor-supplier relationship
If you want to buy Coca Cola products in the supermarket Intermarché in France, you […]
How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation
The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most […]
State Aid Rules in the UK after Brexit: Alignment or Divergence?
The current rules will apply at least until 31 December 2020. Introduction On Saturday, 1 […]
Public Subsidies to Households Can Be State aid
Support for individual borrowers can be indirect State aid to banks. Introduction The fact […]
The antitrust books you should’ve read in 2019 [part 2]
In a CoRe Blog post earlier this month, I introduced the first three ‘antitrust books you should’ve […]
Exclusive Rights and Legal Monopolies
State aid rules can apply to sectors which are legal monopolies. Introduction The fact that […]
The antitrust books you should’ve read in 2019 [part 1]
While the past year may not have been spectacular on all fronts, it was a […]
Bail-in Is the Responsibility of Member States
Commission approval of State aid to bail-out a bank does not give rise to right […]
5 Most Read Articles on StateAidUncovered in 2019
Groundbreaking judgments like “Eesti Pagar”, applications of the private investor principle in air transport or […]
A Preferential Electricity Tariff Is Selective, Confers an Advantage and Distorts Competition
A judicial decision on interim measures is a selective measure. The private investor test does […]
2019:23 Eco-Bat Technologies Ltd and Others v European Commission
Court Court of Justice Date of ruling 16 January 2019 Case name (short version) Eco-Bat […]
Can a Tax (rather than a Tax Exemption) Confer a Selective Advantage?
A tax that is levied at one level of government and does not apply to […]
Retroactive Application of the GBER
When an aid scheme is adjusted by limiting the eligible beneficiaries, it becomes “new” aid […]
Will Brexit Usher in Protectionism?
The Financial Times reported on Friday, 29 November 2019, that the Conservative party in the […]
Separability of Economic from Non-economic Activities
Activities which are inseparable from the exercise of official powers are non-economic. Introduction Pure […]
Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies
The very lengthy and complex Google Android decision provides us with lots of material for […]
How to Assess a Shareholder Loan
A shareholder loan cannot be simply compared to a bank loan because the shareholder also […]
Compensation to a Toll Road Operator
Contractual obligation to provide compensation that does not exceed the loss of income is not […]
Risk Finance
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 third-party sellers significantly imbalanced
Two years ago (before Amazon became entangled in a patchwork of investigations by competition authorities), Reuters reported: ‘France […]
Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation
The 17th of July has been quite the day for Amazon, at least when it comes […]
2018:904 Groupe Canal + v European Commission
Court General Court Date of ruling 12 December 2018 Case name (short version) Groupe Canal […]
Economic Continuity in Recovery of Incompatible State aid
The new owner of a company that received incompatible State aid may be liable to […]
2018:59 Panalpina World Transport (Holding) and Others v Commission
Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Panalpina […]
The Operator of an Economic Infrastructure is an Undertaking
The assignment of public service tasks to an infrastructure operator is not sufficient to prevent […]
Lessons and questions from Google Android- Part 1 – the market definition
On the 19th of September the Google decision was finally made public after a long […]
Production of Green Electricity
Member States may reduce the amount of State aid they grant and companies may not […]
Competition law and public procurement – an easy catch for competition enforcers?
If you ask what the common recent trends are among EU Member States in competition […]
Attempting to Minimise Past State aid Is of No Interest to a Private Investor
A public authority acting as a private investor ignores past State aid. Introduction It is […]
Public Service Obligations, Duration of Entrustment and Reasonable Profit
The duration of entrustment should not exceed the economic life of the investment and the […]
Are You Joining Us? 24 Oct 2019, Conference in Brussels: Dynamic Competition in Dynamic Markets
CoRe is partnering up with our friends from across the Atlantic – Competition Policy International […]
Enforcement of State Aid Rules by National Courts
Private enforcement has increased, but damages for illegal granting of State aid have been successfully […]
‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?
‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. […]
“Invest-NL”: A New Promotional Bank
A state-owned promotional or development bank can pursue public policy objectives and also invest on […]
Crossroads in EU Competition Law: green light or stop sign for non-economic goals?
On the 6th of September, Reuters broke the news that the U.S. Department of Justice launched an antitrust […]
Sale of a Bank without State aid
The sale must be open, transparent, non-discriminatory, unconditional and the winning bid must be the […]
Individually Notified Regional Aid
All individual awards of aid granted to the same project over a three-year period have […]
Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions
The interest of national competition authorities in the matter of online platforms and competition law […]
Presumed v Actual Compatibility of State aid with the Internal Market
State aid granted on the basis of the GBER may not be considered as authorised […]
A Curious Case of Port Concessions
The obligations of a concessionaire may be made less onerous in order to enable it […]
2019:235 Eco-Bat Technologies Ltd and Others v European Commission
Court Court of Justice Date of ruling 21 March 2019 Case name (short version) […]
Repayable Advances for Support of Research Projects
The amount of State aid in a repayable advance to support research projects is the […]
Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade
An exclusive contract can affect cross-border trade if the awarding authority has the option to […]
Transport: Airlines and Bus Operators
For investment aid to the operator of an airport to be considered as indirect aid […]
The Problem with Turnover Taxes
Economies of scale do not necessarily correlate with ability to pay. Introduction On Thursday, 11 […]
Is there hope for competition in the rail sector?
The blocking of the Siemens-Alstom merger reminded everyone of the ‘pros and cons’ arguments in the […]
The Rights of Unsuccessful Bidders in the Auctioning of State Assets
Competitors of aid recipients may challenge a Commission decision only if State aid causes substantial […]
Investor Protection and Existing Aid
Aid granted before accession to the EU may not be assessed by the Commission. Introduction […]
1) The European Commission Does not Have to Identify Individual Beneficiaries in its Recovery Decisions 2) Revision of the GBER [InvestEU, Seal of Excellence, ETC]
This week’s article deals with two issues: possible defence against repayment of incompatible State aid […]
Audit and consulting services sector to face ‘unbundling’ by competition laws?
Lately in Europe, international accounting and consulting firms have been facing a number of legal […]
Application of the MEOP to Energy Infrastructure
A public authority that acts as a private operator may charge what the market can […]
The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity
The MFN cases of the past few years have delivered a series of uncoordinated cases […]
How to Value Land in Complex Land Swaps
A private investor assesses all components of a complex transaction and takes into account not […]
2018:773 Infineon Technologies AG v European Commission
Court Court of Justice Date of ruling 26 September 2018 Case name (short version) […]
Is it OK to Tax Company Size?*
Progressive tax rates that are consistent with the objective of the tax system are not […]
U.S. antitrust agencies divide jurisdiction over Big Tech and single out Google for investigation
Last year, I wrote about how the United States considers boarding the tech regulation train that […]
I) Unlimited State Guarantees II) Effect on Trade
A competitor who wants to challenge a Commission decision authorising State aid without a formal […]
Collusive conduct in financial instruments trading: a look at the issues of dealing via chatrooms
Following the benchmark currency rate manipulation scandal, the banking sector has had no chance to […]
Not Every Compensation Is a Compensation in the Meaning of Altmark
Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for […]
CoRe Podcast – Online Platforms: Competition Law & Regulation
The European Competition and Regulatory Law Review presents its first podcast with speakers from the […]
What Happens when Internal Market Rules and State Aid Rules Clash?
A tax refund may not be granted, if it constitutes non-notified State aid. Introduction […]
There Is No Threshold below which Economic Activities Can Be Considered to be Non-economic
Non-economic activities have to be accounted separately from economic activities. The exercise of public tasks […]
Competitors’ Rights
A competitor must show that it is substantially affected by State aid approved by the […]
App stores and (potential) abuses of dominance – an opportunity to reshape competition law enforcement in digital markets
During the past few weeks the number of complaints against Apple’s practices concerning the App […]
Land Development: The Case of Jaguar Land Rover Slovakia
Public funding of infrastructure which is not constructed for the specific needs of a company […]
Are settlement proceedings the poor relation of EU antitrust policy?
Leniency and settlement policies are crucial antitrust enforcement tools. They reward defendants’ cooperation and seek […]
The Commission Must Explain its Decision
A Commission decision that affects the legal position of an undertaking is actionable before EU […]
Interview with the new CoRe Blog editor Rita Griguolaite
We are very happy to welcome you to the editorial team of the CoRe Blog. […]
2018:373 Agria Polsk sp. z o.o. and Others v European Commission
Court Court of Justice Date of ruling 20 September 2018 Case name (short version) […]
2018:60 Deutsche Bahn and Others v Commission
Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche […]
2018:58 Schenker Ltd v European Commission
Court Court of Justice Date of ruling 9 March 2018 Case name (short version) […]
Spotify lodges antitrust complaint against Apple: it’s ‘time to play fair’ in the music streaming industry
On March 13th, Spotify filed a formal antitrust complaint against Apple with the European Commission (EC). In […]
State Control: The Case of EEG 2012
There is crucial difference between control by the state over resources and attribution to the […]
Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State measures which are linked and produce both positive and negative effects, must be considered […]
Interview with Werner Stengg, Head of Unit E-Commerce and Platforms, DG CNECT
Lexxion. What do you advise companies to focus on in the period before the new […]
2018:270 MEO – Serviços de Comuniçações e Multimédia SA v Autoridade da Concorrência
Court Court of Justice Date of ruling 19 April 2018 Case name (short version) […]
2017:753 Marine Harvest ASA v Commission
Court General Court Date of ruling 24 November 2017 Case name (short version) Marine […]
2018:590 Orange Polska v Commission
Court Court of Justice Date of ruling 25 July 2018 Case name (short version) […]
The principle of personal liability in the context of private enforcement: is there anything new under the sun?
On March 14th, the Court of Justice of the European Union (CJEU) issued a ruling […]
The Boundary between State and Private Resources
Discretion in the form of intervention can remove it from the control of the state. […]
The Incentive Effect of Public Funding of Infrastructure in Tranches
Public funding of functionally and commercially severable parts of an infrastructure project may have incentive […]
National Authorities Must Recover Aid they Grant Mistakenly
Assurances from granting authorities cannot guarantee the legality of State aid. Aid recipients must verify […]
CoRe Issue 1/2019 is out now!
Issue 1/2019 of the European Competition and Regulatory Law Review (CoRe) is now available! It […]
Business users vs. platforms – a (not entirely) new battle frontier
The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online […]
Many Tax Rulings Do Not Make a Single Aid Scheme
The autonomy that Member States enjoy in the field of direct taxation must be exercised […]
How Can Incompatible State Aid Be Passed-on from one Company to another to Avoid Recovery?
Introduction State aid that is incompatible with the internal market has to be paid back, […]
CoRe Symposium on the 6th of June 2019 in Brussels
We kindly invite you to our symposium “Transparency and Non-Discrimination Requirements for Online Platforms: Competition […]
How Much May a Non-Economic Entity Charge without Becoming an Undertaking?
The price should not cover more than 50% of the costs. Introduction An entity that […]
Minority acquisition headed for first prohibition in Norway
By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) […]
EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid
State aid may affect trade even when the market concerned is not liberalised. This can […]
Support for Non-Performing Loans in Cyprus
Public assistance to households to pay for their mortgages is not State aid. Public assistance […]
When competition law met data protection: the Bundeskartellamt’s Facebook decision
On February 6th, the German Competition Authority (Bundeskartellamt or BKA) adopted its long-awaited Facebook decision, imposing far-reaching […]
2017:643 Austria Asphalt GmbH & Co OG v Bundeskartellanwalt
Court Court of Justice Date of ruling 7 September 2017 Case name (short version) […]
What Does a Private Investor Take into Account before Investing?
A private investor may invest in a troubled company that is restructuring is order to […]
Pari Passu Is not Static
When comparing the behaviour of public and private creditors, it is necessary to ensure that […]
2017:1008 Trioplast Industrier v Commission
Court Court of Justice Date of ruling 20 December 2017 Case name (short version) […]
2018:854 Apple Sales International and Others MJA
Court Court of Justice Date of ruling 24 October 2018 Case name (short version) […]
2018:371 Ernst & Young v Konkurrenceradet
Court Court of Justice Date of ruling 31 May 2018 Case name (short version) Ernst […]
The Siemens-Alstom merger-thriller – indicator of a new era for European champions?
The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it […]
Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation
Member States need to demonstrate that public service obligations imposed on undertakings are necessary and […]
The Private Investor Principle in Air Transport – Part II
Public funds managed by private airport operators can be classified as state resources. Prices charged […]
Abuse of dominance through data overcharges and EU competition law enforcement
The past year the EU commission and numerous competition authorities have addressed the matter of […]
The Private Investor Principle in Air Transport – Part I
Public funds managed by private airport operators can be classified as state resources. Prices charged […]
It’s raining Amazon probes: the Bundeskartellamt joins the Commission in investigating the tech giant’s marketplace practices
The investigation On 29 November 2018, the German competition authority (Bundeskartellamt) announced an investigation into Amazon’s business […]
Justification of a Tax Exemption
Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to […]
Infrastructure Projects, State Guarantees and Distortion of Competition
State guarantees must be limited in duration and amount and the conditions for their mobilization […]
The Date and Scope of Public Service Compensation
Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal […]
The Challenge of Identifying the Reference Tax System: The Spanish Goodwill Case, Again
To determine whether an aid measure is selective, the treatment of the beneficiaries has to […]
Claims for compensation for damages caused by anticompetitive conduct: jurisdiction questions
Recently the Court of Justice of the European Union (the CJEU or the Court) issued […]
The Recovery of Incompatible Aid Cannot be Absolutely Impossible Unless it is first Attempted
Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria […]
Now available Issue 4/2018 – The Diverse World of EU Competition Law
The diversity of topics in the final edition of the European Competition and Regulatory Law […]
Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive
These days Apple is at the Supreme Court trying to defend its pricing scheme for […]
Legal Standing of Investors in Failed Banks
Investors that lodge claims before national courts for damages from resolution of banks have legal […]
State Aid Provisions in the Draft Agreement on the Withdrawal of the UK from the EU
The agreement on the withdrawal of the UK from the EU requires compliance with EU […]
The Karstadt – Kaufhof merger decided
The Bundeskartellamt started investigations into the merger between big retail store chains Karstadt and Kaufhof […]
Challenges to Antitrust in a Changing Economy [conference report]
On November 9th, CPI and CCIA organized a conference on the topic of ‘Challenges to Antitrust in […]
Using the Correct Methodology to Calculate Public Service Compensation
Compensation for the extra costs of a public service obligation may include a reasonable profit […]
Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market
Operating aid is not normally compatible with the internal market. Therefore, State aid provided through […]
Tax Inseparably Linked to State Aid
Taxes which are inseparably linked with an aid measure are assessed together with the aid […]
Recap of the 2nd CoRe conference, 24 Oct. 2018
Last week CoRe, CCIA and the VUB held their second (fully booked!) conference about the […]
Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
Neither the existence of market failure, nor national laws that designate a service to be […]
The BritNed v ABB Case: private enforcement pur sang
Private enforcement of competition law, particularly with regard to cartel damages claims, has been a […]
Unlimited State Guarantees
Unlimited state guarantees create a presumption that the recipient of the guarantee obtains an advantage […]
The Karstadt – Kaufhof merger
The two big department store chains’ plans to merge have gone through quite a bit […]
Ex ante Assessment of Future Profitability is Absolutely Necessary
A private investor assesses the prospects of future profitability before it invests. The burden of […]
Now available – Issue 3/2018 of the European Competition and Regulatory Law Review (CoRe)!
The Online World and Its Challenges to Competition and Regulatory Frameworks is the focus of the […]
The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part III
The objective of common interest that should be supported by State aid does not have […]
CoRe Conference on 24 October in Brussels
Competition Law and Policy in Digital Markets – Conference on 24 October in Brussels Discuss […]
The Commission’s Amazon probe: overcoming the antitrust paradox
In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation […]
The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part II
The objective of common interest that should be supported by state aid does not have […]
The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part I
The objective of common interest that should be supported by state aid does not have […]
Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles
The past year has led to a lot of discussion on the relation between competition […]
Selectivity Can Exist at Different Levels: The Case of the Spanish Tax Lease System
A tax measure may be selective in relation to both intermediate and final beneficiaries. An […]
New momentum for abandoning the 50+1 rule of the German Bundesliga?
Have you recovered from the World Cup yet? Whether or not, it is now time […]
Public Procurement and State Aid
State aid does not have to be awarded on the basis of a competitive procedure, […]
The United States considers boarding the tech regulation train
On August 24th, the US Federal Trade Commission (FTC) announced the opening session of its […]
Public Service Compensation
Compensation for the provision of public services may not exceed the avoidable cost minus any […]
The European Commission’s Code of Best Practices on State Aid Procedures
Closer cooperation between Commission services and Member States. Introduction The European Commission, DG […]
Cartel deterrence through cartel enforcement – a discussion of recent research
With the buzz surrounding the EU Commission’s recent Android decision (read about our take on […]
State Aid Control in the UK after its Exit from the European Union
After its withdrawal from the EU, the UK is likely to maintain a State aid […]
The Compatibility of State Aid Depends on the Rules which are Applicable at the Time the Aid is Granted
Failure to comply with just a single provision of an exemption regulation results in the […]
Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence
Shortly after the dropping the A-bomb on Google for its alleged tying practices, the Commission […]
2018-60 Deutsche Bahn and Others v Commission
Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche […]
The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?
Last week’s Commission decision on Google’s Android operating system made for great headlines. On top […]
The Definition of the Reference Tax System is still a Puzzle
A selective measure should be determined on the basis of its effects, not on the […]
Danish Water Tax Exemption
A selective tax reduction does not constitute State aid if it does not confer an […]
Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express
The case of Ohio v. Amex is the final phase of a long legal […]
Now available – Issue 2/2018 of the European Competition and Regulatory Law Review (CoRe)!
Scope of Antitrust and Assessment of the EU Regulatory Framework In the articles section of […]
The 2017 Annual Competition Report
Introduction On 18 June 2018, the European Commission published its Annual Report on Competition […]
Webtaxi: The Luxembourg Competition Authority exempts an algorithmic price-fixing arrangement on efficiency grounds
With the increasing digitalization of economy, algorithms are more and more often relied on by […]
Revision of the GBER
Block exemption of new financial instruments. Introduction The Commission has recently published a […]
The German cement cartel – a landmark decision for private damages actions
The German cement cartel has been occupying German courts of all levels for some time. […]
Remedying the Damage of a Natural Disaster through Incentives for New Investments
Damage from natural disasters can be remedied in the short-term through direct compensation or in […]
Sector-Specific Tax Exemptions
A measure that covers a whole sector can be selective. Distortions caused by the policies […]
The AT&T-Time Warner decision and its implications for vertical merger enforcement in the U.S.
Last week’s big antitrust news came from the other side of the Atlantic. On June […]
State Aid for the Deployment of Broadband Networks
Most State aid for the development of broadband networks is approved by the Commission. But […]
When Algorithmic Pricing meets Concerted Practices- the case of Partneo
Algorithmic collusion, algorithmic cartels, AI price fixing cartels and many other pseudo computer science themes […]
The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)
A service is classified as an SGEI not only when it is important for citizens […]
The Commission’s Gazprom decision – an environmentally relevant demonstration of the Commission’s power
Competition Commissioner Margrethe Vestager is making a name for herself as the Commissioner who really […]
Exemptions from Product-Specific Taxes
Tax exemptions do not constitute State aid when they aim to induce change in the […]
The Commission proposes a Regulation on platform-to-business trading practices
On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting […]
Exemption from Taxes that Protect the Environment May not be Selective – Part II
Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings […]
Online platforms and refusal to deal – Unlockd vs. Google – a seminal case in the making?
The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd […]
Exemption from Taxes that Protect the Environment May not be Selective – Part I
Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings […]
New Commission proposal for more whistleblower protection: more of the same for competition law?
In a press release of 23 April 2018, the EU Commission announced the proposal of […]
Dealing with Problematic Banks
The sale of a bank through a fair, open, competitive and transparent procedure that maximises […]
Protecting David against Goliath: Commission’s Proposal against Unfair Trading Practices in the Food Supply Chain
In response to concerns over so-called unfair trading practices (UTPs) between businesses arising from significant […]
Compensation for Public Service Obligations
Compensation for public service obligations may be fixed at less than the net extra costs […]
Price discrimination and abuse of dominance – MEO Case C-525/16
The recent case of MEO delivers a meaningful clarification concerning the importance of an effects […]
Liquidity Support to Banks
Banks that receive State aid are considered to be failing banks, except when the aid […]
Innovation in EU merger control
The Commission’s assessment of the effects of mergers on innovation has fascinated scholars and practitioners […]
Complaints about Billboards and Welfare Services
A regulatory measure may affect competition but it does not constitute State aid. Administrative changes […]
Fines and files – news of the German sausage cartel
The German ‘sausage cartel’ has truly turned into the gift that keeps on giving. However, […]
Latest Issue of the European Competition and Regulatory Law Review is out now!
Digital Economy and EU Competition Rules The CoRe Editorial Team is delighted to announce that […]
What Makes a Public Health Care System Non-economic?
Health services are not economic in nature when they are funded by the state through […]
Announcement of Winner of CoRe Blog Competition
The CoRe Blog Team Congratulates Alexandru Sotropa To mark the occasion of our CoRe Blog […]
Online platforms and abuse of dominance – the case of Funda Real Estate
The application of EU competition law to online platforms has been subject to much debate […]
Vestager Picks CoRe Board Member for Special Adviser
Prof Heike Schweitzer Will Advise Commissioner on Future Challenges of Digitisation for Competition The European […]
Advantage through Contracts
A price below the regulated normal price confers an advantage. Competition is distorted even when […]
When the industry strikes back – UPS claims 1.7 billion Euro for the blocked merger with TNT
The recent fines imposed by the Commission on companies have made headlines quite a few […]
2017-756 – KPN BV v European Commission
Court General Court Date of ruling 26 October 2017 Case name (short version) KPN BV […]
2017-47 Report – Hansa metallwerke AG and Others v European Commission
Court Court of Justice Date of ruling 26 January 2017 Case name (short version) Hansa […]
2017-716 Report – Ferriere Nord Spa v European Commission
Court Court of Justice Date of ruling 3 November 2017 Case name (short version) Ferriere […]
2017-713 Report – Riva Fire v Commission
Court Court of Justice Date of ruling 21 September 2017 Case name (short version) […]
The Uber-Grab merger and the potentially anti-competitive consequences of the battle for ride-hailing dominance
On March 26th, news broke that ride-hailing giant Uber agreed to sell its Southeast Asian […]
Correct Pricing for the Use of Publicly Funded Infrastructure
Publicly funded infrastructure must be made available to users at prices that correspond to its […]
The EU Commission’s Qualcomm decision – does it take two to tango?
In its latest strike against anti-competitive behaviour in the tech industry, the EU Commission has […]
Private Creditor v Private Investor
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 Bundeskartellamt’s Facebook case
Can consumers pay too much when they pay nothing? The question might seem absurd, but […]
What Is and What Is not Export Aid
The prohibition of export aid prevents distortions in the internal market. Therefore, it cannot be […]
The first judgement of 2018: Hoffman-La Roche v AGCM (Case C- 179/16) – a remarkable case for its unremarkable implications
It goes without saying that the name Hoffmann La-Roche serves as an indispensable reference case […]
State Aid for R&D
A large amount of State aid can still be compatible with the internal market if […]
DICE Director Justus Haucap: “Consumers Paying with Data” Is a Bad Analogy
Interview at the Sidelines of CoRe’s Competition Law Conference ‘Does Competition Law Need an Update […]
Economic Activities in a System of Social Solidarity
Entities that pursue profit must be classified as undertakings. Introduction On 5 February […]
2017-679 Report – LG Electronics v Commission
Court Court of Justice Date of ruling 14 September 2017 Case name (short version) LG […]
What Happens when Things Go Wrong
Only EU institutions can provide assurances that aid is granted legally. The amount of State […]
2017-597 Report – Persidera SpA v Autorità per le Garanzie nelle Comunicazioni
Court Court of Justice Date of ruling 26 July 2017 Case name (short version) Persidera […]
Investment in Airport Infrastructure
Public funding of infrastructure used for non-economic purposes does not constitute State aid. Public investment […]
2017-520 Report – Toshiba Corporation v European Commission
Court Court of Justice Date of ruling 6 July 2017 Case name (short version) Toshiba […]
How a Private Investor Behaves: EDF v Commission
A private investor carries out an assessment of the prospective profitability of a company before […]
2017-314 Report – Akzo Nobel and Others v Commission
Court Court of Justice Date of ruling 27 April 2017 Case name (short version) Akzo […]
The Puzzle of the State Acting as a Regulator
When the state exercises its regulatory tasks, it does not have to demand fees and […]
2017-190 report – Samsung SID Co. Ltd and Samsung SDI (Malaysia) Bhd v European Commission
Court Court of Justice Date of ruling 9 March 2017 Case name (short version) […]
Danish Horse Racing
Taxes hypothecated to State aid measures fall within the scope of the assessment of the […]
Calendar year 2017
Calendar year 2017 Systematic classification scheme Court of Justice General Court Modern reference system […]
Selectivity Requires Comparison
To determine whether a measure is selective it is necessary to compare the beneficiary companies […]
Structural Disadvantages and Regional Aid
Aid that seeks to neutralise a structural disadvantage still confers an advantage. Aid that seeks […]
PART II: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
When Member States act as regulators they need not maximise revenue from the granting of […]
Court’s Diary – January 2018
Find below the court’s diary for all State aid cases this month. Would you like […]
PART I: Concessions and State Aid: Does the State Act as a Regulator or Market Operator?
When Member States act as regulators they need not maximise revenue from the granting of […]
Top 5 State Aid Uncovered Posts in 2017
Questions around grants for R&D&I projects, economic activities of religious establishments or concession agreements besides […]
Sport and Trade
State aid has a purely local impact when i) the beneficiaries supply goods or services […]
How to Determine whether State Aid Affects Trade
Article 107(1) requires the assessment of both the direct and indirect impact of a public […]
Imputability of an Aid Measure to the State Does not Require a Counterfactual
The fact that the state owns an undertaking is not enough to prove that the […]
The Legal Basis of the (In)compatibility of Aid Must be Clear
The European Commission may withdraw a decision, but before it adopts a new decision it […]
i) Transfer of State Resources, ii) Non-recovery of Incompatible Aid, iii) Primacy of Agricultural Policy over Competition Policy
Private resources that come under the control of a public authority become state resources. The […]
Existing v New Aid
Any alteration of an existing aid measure can affect the substance of the measure itself. […]
Indirect v Secondary Effects of State Aid
The prohibition of State aid in Article 107(1) of the Treaty applies both to the […]
Activities Linked to State Prerogatives
Economic activities which cannot be separated from the exercise of public powers cease to be […]
Private Creditor Test
The Commission must apply the private creditor test even if a Member State does not […]
State Resources and Imputability
When the state acts in its capacity as legislator it is not presumed to direct […]
Pitfalls in the Use of De Minimis Aid
Calculating de minimis aid according to the average amount of aid received by undertakings is […]
The Necessity and Proportionality of Regional Aid
The Commission must open the formal investigation procedure when it has serious doubts about the […]
Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal
A rational market operator can agree to arbitration if there is no reasonable prospect of […]
Calculating the Amount of State Aid in a 100% Public Guarantee
The proxy rates in the Commission Notice on Guarantees cannot be used in cases of […]
Concession Agreements Free of State Aid
Awards of concession contracts should follow a procedure which is open, transparent, non-discriminatory and unconditional. […]
Sale, Liquidation and Other Options for Private Investors
A private investor chooses the less costly option between selling a company at a loss […]
Bank Recapitalisation that Conforms to the Market Economy Investor Principle
A public authority acts like a private investor when it injects capital in a stricken […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Alexander Rose
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
State Aid Is Not Compatible With the Internal Market when it Contravenes other EU Rules
Relief from a penalty imposed by EU rules is State aid that is incompatible with […]
Exceptions to the Exceptional Nature of State Aid for Banks
State aid for banks can be granted without triggering resolution in cases of precautionary recapitalisation […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Mihalis Kekelekis
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
Collective Insolvency and the GBER
The eligibility of an aid applicant and the legality of the aid are determined at […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Birgit Haslinger
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
Transfer of Trademarks
The free transfer of a trademark that belongs to the state confers two possible advantages […]
Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART II
Purely religious activities and education funded by the state are not economic in nature. […]
Even the Catholic Church Is not Absolved from State Aid Rules: The Essence of Economic Activity – PART I
Purely religious activities and education funded by the state are not economic in nature. Introduction […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Ilkka Aalto-Setälä
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
Imputability to the State
State resources and imputability or attribution to the state are two distinct concepts. They must […]
Is there any Advantage for Owners, Operators or Users of Publicly Funded Ports?
Public funding of ports confers an advantage to their owners, but not for operators chosen […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Sara Gobbato
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
The Effectiveness of Clear Guidance: The Case of Broadband Networks
This blog examines how much aid goes to support broadband networks and what lessons can […]
State Resources criteria in the spotlight once again: Comments on the Opinion of the Advocate General in case C-329/15 ENEA SA w Poznaniu v Prezes Urzędu Regulacji Energetyki
Today we are glad to welcome Nevin Alija to the State Aid Blog. She is […]
A Regional Aid Scheme with an Ex-Post Evaluation Plan
Aid must be capable of remedying the regional handicap. Introduction A novel aspect of […]
Transfer of State Assets between State-Owned Companies
Transfers of public assets for the purpose of extinguishing debt have to be valued according […]
15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Thomas Jaeger
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum […]
The Art, Science and Law of Funding Services of General Economic Interest
The compulsory nature of an assigned public mission makes the services covered by the mission […]
What Costs Are Charged by Public Authorities when they Act as Market Operators?
Fees charged by operators to users of infrastructure must cover all relevant costs. The relevant […]
Regional Investment Aid and Sale of Land
A company that applies for State aid is considered to acquire a right to that […]
Bank Resolution Has to Comply with State Aid Rules as well as the Banking Recovery and Resolution Directive
Insurance funds contributed by banks become state resources if they are managed by public agencies. […]
Identification of the Reference Tax System: The Case of a Tax on Advertising Turnover
Turnover taxes should be levied at a single rate. Introduction This is the fourth case […]
Court’s Diary – May 2017
Find below the court’s diary for all State aid cases this month. Would you like […]
A Postscript on Brexit and State Aid
A short note on the previous blog post on State aid control in the UK […]
Public Support for Nature Conservation is not State Aid
A nominal price may be charged for genuine non-economic services as long as it supports […]
Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market
Compliance with public service obligations imposed on a provider of services of general economic interest […]
The Need for Public Services Is Shown by Absence of Private Services
The scope of public service obligations must be proportional to the identified market failure. […]
State Aid on the Day after the Exit of the UK from the EU
The UK will “take back control” over State aid. With it will come the challenge […]
Court’s Diary – April 2017
Find below the court’s diary for all State aid cases this month. Would you like […]
Altmark Requires Efficiency; Article 106(2) TFEU Does Not!
The provider of a service of general economic interest does not have to be more […]
Support for Illiquid but Solvent Banks
State aid may be granted to solvent banks which face temporary liquidity difficulties. Introduction […]
PART II: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures
A well-designed State aid measure is preceded by a rigorous ex ante study that identifies […]
State Aid is on the Agenda: Deal or No Deal
With great pleasure we welcome again Professor Erika Szyszczak to our blog. Erika is a […]
PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures
A well-designed State aid measure is preceded by a rigorous ex ante study that identifies […]
Court’s Diary – March 2017
Find below the court’s diary for all State aid cases this month. Would you like […]
State Aid for R&D: What Is Research?
Adapting know-how for the needs of clients is not research. Aid for projects for which […]
State Aid for R&D: How Intermediaries Pass on Aid to Third Parties
Operators of research infrastructure do not benefit from State aid, if they fully pass on […]
How to Calculate a Transparent Amount of State Aid in Public Guarantees
State aid granted in the form of public guarantees is transparent aid when it is […]
The Scope of Public Service Obligations
Public service obligations may cover both profitable and unprofitable segments of the market. Introduction […]
Financial Cooperatives
National courts may not question Commission decisions but they may ask the Court of Justice […]
Selectivity Stretched
Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, […]
Part II: Developments on the Concepts of Advantage and Selectivity
The advantage conferred by State aid is not necessarily equivalent to the economic benefit that […]
Developments on the Concepts of Advantage and Selectivity
The advantage conferred by State aid is not necessarily equivalent to the economic benefit that […]
Public Service Obligations and Award for Damages
Providers of public services must keep separate accounts. The parameters for calculating the compensation for […]
Top 3 State Aid Blog Posts from 2016
From remarks on the Commission Notice on the Notion of State aid over to the […]
Funding of the Spanish Public Broadcaster and Hypothecation of Taxes
Tax payers have grounds to object to a tax on the basis of Article 107(1) […]
5 most read articles by Phedon Nicolaides in 2016
Questions around selectivity of tax measures, the private creditor test, the new Commission Notice on […]
Existing v New Aid and Role of National Courts
Modification of an existing aid measure turns it into a new aid measure if it […]
Ever wondered how Lexxion Seminars are like? Read this Summary of „State Aid in Tax Measures“
The following is a summary of the main points that were presented and the issues […]
Hungarian Advertisement Tax, Polish Retail Tax and Estonia Package Tax
Progressive taxes can constitute State aid. Exemption from a packaging tax of packaged goods which […]
Pensions, Public Statements and Private Investors
The normal costs of an undertaking include all the costs of compliance with the obligations […]
Media Plurality in Denmark
State aid measures need not be open to all undertakings. Introduction On 11 October […]
No Affectation of Trade
Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute […]
Private Investor v Private Creditor
When the state, acting as a private investor, seeks to recover past public investments, it […]
1) Selectivity of Health Tests 2) Existing v New Aid in Preferential Electricity Tariffs
A measure can be selective even if it applies to a whole sector. An existing […]
Turnover Taxes Can be Incompatible with the Internal Market
Progressive taxes levied on turnover can provide State aid that is incompatible with the internal […]
Belgium’s Alternative Tax Regime for the Diamond Sector
Alternative tax regimes do not provide State aid as long as they raise the amount […]
Right of Access and State Aid Procedures: a Look at the General Presumption of Confidentiality and the Overriding Public Interest in Case C-271/15, Sea Handling v Commission
Today we are glad to welcome Dr. Gherardo Carullo, research fellow and Ph.D. in law […]
Compliance with State Aid Rules in Cohesion Policy: A Special Report of the European Court of Auditors
Control of State aid by national authorities needs to be strengthened. Typical mistake is to […]
Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts
This article reviews three judgments that were all rendered on 15 September 2016. The first […]
Compensation for the Extra Costs Imposed by Law
When the state imposes obligations which create extra costs for a single undertaking, that undertaking […]
Article 263(4) TFEU: Third Party Challenges to State Aid Decisions
We are happy to welcome back Prof Erika Szyszczak on the State Aid Blog today. […]
Court’s Diary – October 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
Regional Aid for a Large Project subject to Individual Notification under the GBER
In the meaning of regional aid rules, diversification in a “new activity” is not the […]
Non-State Aid Assistance to Depositors and Customers of Banks
Public assistance to borrowers who cannot repay their loans does not constitute State aid if […]
Polish Green Certificates Held by the Commission to Be Compatible State Aid: a Curious Story Comes to an End
We are happy to welcome Dr Michał Bernat on the State Aid Blog today. He […]
Burden-Sharing and State Aid to Banks
Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by […]
Commission Notice on the Notion of State Aid: Part III – Trade Effect, Distortion of Competition and Infrastructure
This is the third and last article in a series of three that reviews the […]
Court’s Diary – September 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity
This is the second article in a series of three that reviews the Commission’s Notice […]
Commission Notice on the Notion of State Aid: Part I – Economic Activities & State Resources
The Notice provides a thorough review of the case law and the decisional practice of […]
New Video: How to notify State aid?
What is State aid? Why do I need to be concerned about State aid? These […]
Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*
Member States must publish the aid measures they adopt on the basis of the GBER. […]
New Video: What is GBER and how to use it?
What is State aid? Why do I need to be concerned about State aid? These […]
New Video: What can I do if my measure contains State aid?
What is State aid? Why do I need to be concerned about State aid? These […]
State Aid Rules and Transfer Pricing
Tax rulings on transfer pricing have to approximate market-based outcomes. Introduction Twenty years ago, […]
New Video: If you want to learn more about State aid issues…
What is State aid? Why do I need to be concerned about State aid? These […]
Compatible State Aid May Have Negative Effects on some Market Operators
The existence of market failure is not necessary for aid to be declared compatible under […]
New Video: Which types of State aid are compatible with the internal market?
What is State aid? Why do I need to be concerned about State aid? These […]
State Aid to Electricity Intensive Users
The risk of relocation outside the EU is not accepted as a justification for the […]
New Video: When Is State Aid Allowed and What Is „Good Aid“?
What is State aid? Why do I need to be concerned about State aid? These […]
State Aid Modernisation: First Results
There has been an impressive increase in the use of the General Block Exemption Regulation. […]
New Video: Practical Examples of State Aid
What is State aid? Why do I need to be concerned about State aid? These […]
PART II: Combining Infrastructure Aid with SGEI Aid
After the spontaneous words on Brexit and State aid last week, I continue with the […]
Court’s Diary – July 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
New Video: Who Can Grant State Aid?
What is State aid? Why do I need to be concerned about State aid? These […]
Brexit and State Aid: The Day After
The second part of the Lithuanian measure on the LNG terminal was scheduled to be […]
New Video: What is State aid?
What is State aid? Why do I need to be concerned about State aid? These […]
Remarks on the Infrastructure Section of the Commission Notice on the Notion of State Aid
Today we are glad to welcome once again Gian Marco Galletti as guest author on […]
PART I: Combining Infrastructure Aid with SGEI Aid
A provider of services of general economic interest may receive both investment aid and compensation […]
New Video: Why Should Public Authorities Be Concerned About State Aid?
What is State aid? Why do I need to be concerned about State aid? These […]
Beneficiaries and Benefits of State Guarantees
A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation […]
State Aid Goes YouTube: Visit Phedon Nicolaides on our YouTube Channel
What is State aid? Why do I need to be concerned about State aid? What […]
Sport Facilities, the Balancing Test and Distortion of Competition
Aid measures that target persons with particular needs and who are not adequately provided by […]
Frucona Revisited: Confusing EDF and Placing the Burden of Proof Where it Belongs
We are happy to welcome Erika Ellyne on the State Aid Blog today. She is […]
Court’s Diary – June 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
Support for Green Electricity: State Resources and “PreussenElektra”
Arrangements established by law whereby undertakings are compensated for any extra payments they make to […]
Tax Exemptions Authorised by the Council of the EU
State aid is an objective concept. When the Commission assesses a measure it has to […]
PART II: Regional Development and i) Market Economy Operator Test ii) Services of General Economic Interest
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market […]
PART I: Regional Development and i) Market Economy Operator Test, ii) Services of General Economic Interest
A market economy operator undertakes activities whose incremental revenue exceeds their incremental costs. A market […]
Calculation of State Aid in Guarantees
State guarantees can be used to support loans for working capital. The amount of State […]
Court’s Diary – May 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
Who is Aided when a Bank is Resolved?
Bank resolution may involve State aid. However, the depositors do not normally benefit from State […]
The Private Creditor Test: All Options Must be Taken into Account
A private investor always takes into account all available information before it makes any investment. […]
Local Infrastructure
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure […]
Court’s Diary – April 2016
Find below the court’s diary for all State aid cases this month. Would you like […]
The Treatment of Advisory and Information Services under State Aid Rules: The Case of the German Milk Levy
Public funding of advisory and information activities may constitute State aid. Public funding of industry […]
Compensatory Payments Can still Confer an Advantage
Membership of a compulsory insurance scheme can still confer an advantage to participating undertakings. Private […]
a) Natural Disasters and b) Absolute Impossibility to Recover Incompatible State Aid
Aid to remedy the damage caused by natural disasters can be granted only if the […]
When Infrastructure is not Public: Dedicated, Project-Specific and Bespoke
Public funding of open and freely used infrastructure is not State aid. Public funding of […]
Being a Competition and State Aid Trainee at the EFTA Surveillance Authority
We are happy to welcome two young professionals on the State Aid Blog today. Guðmundur […]
Court’s Diary – March 2016
Find below the court’s diary for all State aid cases. Would you like to write […]
How to Apply the Market Economy Investor Principle and what Mistakes to Avoid: The Long-running Case of EDF
A market investor carries out a thorough ex ante analysis of the prospects of an […]
How to Determine the Selectivity of a Tax Measure
A tax exception is normally a selective measure. However, exceptions which are open to all […]
The Boundaries of Non-Economic Infrastructure and the Limits of the Funding Gap Method
Public funding of assets which are used exclusively by certain undertakings constitutes State aid. If […]
Connecting Public and Private Infrastructure
Public funding of public infrastructure is not State aid. Public funding of connections between public […]
Possible Advantage from the Exclusive Use of Public-Funded Infrastructure
The exclusive use of a public asset or an asset funded by public money may […]
Court’s Diary – February 2016
Find below the court’s diary for all State aid cases. Would you like to write […]
Nature Conservation as a Service of General Economic Interest
Public funding of non-economic activities does not create State aid problems when any related economic […]
Is there an Advantage when the State Pays for Compulsory Milk Tests?
Undertakings obtain an advantage when the state pays for their normal costs. Normal costs are […]
Valuation of Assets Disposed by the State
The value of an asset can be determined according to different methods. The main methods […]
An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease [1]
An exception from a tax system is not selective if it is a priori open […]
Court’s Diary – January 2016
Find below the court’s diary for all State aid cases. Would you like to write […]
Regional Aid to Car Manufacturers – Part II
This is the second part of the article that was published last week. Regional aid, […]
Top 5 Most Read State Aid Uncovered Posts of the Year
Questions around Altmark, the Market Economy Investor Principle, the granting of De Minimis aid and […]
Regional Aid to Car Manufacturers
Regional aid, like all State aid, must be necessary and proportional. Regional aid is necessary […]
Altmark, again!
Sectoral regulation is not the same as definition of public service obligation. Aid that favours […]
Top 3 State Aid Blog Posts from 2015
From Amazon’s ‘advance pricing agreement’ over State aid to the Hungarian electricity market to Black […]
i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid
Aid that pre-exists the entry of a Member State into the EU is “existing” and […]
The Interpretation of Conflicting Norms regarding the Validity of State Aid Infolding Contracts Must Be Consistent with the Safeguard of Individual Rights Created by EU State Aid Law (C 505/14, Klausner)
The following blog post is another contributory piece by Emanuela Matei, Associate Researcher at the […]
Court’s Diary – December 2015
Find below the court’s diary for all State aid cases. Would you like to write […]
Investment and Operating Aid to Airports
State aid is granted on the date the relevant public authority makes an irrevocable commitment […]
Market Economy Investor Principle
Public investment is free of State aid when it is made at the same time […]
Special Tax Treatment to Alleviate Structural Disadvantages
Favourable tax treatment to alleviate “structural disadvantages” suffered by certain companies is a selective measure […]
Summary of Lexxion Seminar: State aid for Tax Measures on 26-27 October 2015, Brussels
The following is a summary of the main points that were presented and the issues […]
Sale of Public Land and Conditions for Credible Expert Valuation
The value of land corresponds to its market price that can be determined through open […]
Court’s Diary – November 2015
Find below the court’s diary for all State aid cases. Would you like to write […]
Economic Continuity and Recovery of Incompatible State Aid
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and […]
The Perennial Altmark Questions
A SGEI provider does not have to be efficient by industry standards in order to […]
A new misnomer in State aid law: single economic unit with separate legal personality (C 357/14 P, Dunamenti Erőmű/Commission)
The following blog post is a contributory piece by Emanuela Matei, Associate Researcher at the […]
Should State Aid that Is Passed on to Consumers Not be Recovered?
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly […]
A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
When Member States impose PSOs they are never allowed to grant even a single euro […]
Courts’s Diary – October 2015
Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu Thursday 01/10/2015 Judgment in Case C-357/14 P […]
The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s […]
Airport Infrastructure, Public Remit and the MEOT
A public authority, acting as a private investor, may provide finance which is free of […]
New State Aid Regulations
Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other […]
How Reasonable The Private Investor May Be Assumed To Be? Corsica Ferries France
The following article summary is a contributory piece by Gian Marco Galletti. The full piece […]
The Pricing of Access to an Important Project of Common European Interest
Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that […]
Compensation for Public Service Obligations and Compensation for Damage
Compensation for public service obligations is compatible with the internal market when, at minimum, a […]
Services of General Economic Interest: How to Compensate and Induce more Efficiency
Even traditional monopolists, like postal operators, have to comply with the rules on compensation for […]
When Do Public Pronouncements Confer an Advantage to Undertakings?
Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a […]
Court’s Diary – September 2015
Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu Thursday 03/09/2015 Judgment in Case C-89/14 […]
The Challenge of Calculating a Market Price
The market price of land or buildings can be determined via auction, expert valuation or […]
Why Do some Member States Offer so much Fiscal Aid?
Member States differ significantly in their propensity to grant fiscal aid. Introduction Interest in […]
Ex post Evaluation of State Aid Measures
Ex post evaluation is not just a “pillar” of State Aid Modernisation. It is also […]
The Use and Abuse of De Minimis Aid & State Resources
Individual awards of de minimis aid must remain below the relevant threshold as well as […]
The Market Economy Investor Principle Applies also to Avoidance of Losses
A public authority can act as a private investor in paying to avoid costly contractual […]
Application of the MEIP to Transactions between Parent and Subsidiary Companies
The Market Economy Investor Principle also applies to transactions between related companies. A private investor […]
Using Loans to Grant De Minimis Aid and GBER Compatible Aid
De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same […]
Privatisation by Splitting the Assets
The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and […]
Court’s Diary – July 2015
Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.de Wednesday 01/07/2015 Opinion in Case C-357/14 P […]
Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective
The standard of proof of whether a measure is selective depends on whether that measure […]
Ex post Monitoring of a Risk Capital Fund
Ex post monitoring will be pursued vigorously by the Commission. Irregularities in the implementation of […]
EStAL Best Reviewer Award 2014/2015
Last week our 13th Experts‘ Forum on New Developments in European State Aid Law took […]
Germany Scores a Hat-trick of Non-Aid Measures!
At the end of April, the European Commission announced that seven measures were found not […]
The Perils of Ex Post Monitoring
Greater use of the new General Block Exemption Regulation means fewer State aid measures subject […]
Court’s Diary – June 2015
Any comments on #Stateaid? Get in touch: Stateaidhub[at]lexxion.eu Thursday 04/06/2015 Judgment in Case C-15/14 P Commission v […]
How Injection of Public Capital Can Be Free of State Aid
Injection of public capital in an undertaking conforms with the market economy investor principle when: […]
Restructuring Aid, Recovery of Aid and Procedural Rights
Restructuring aid can finance any part of a restructuring plan. Compensatory measures initiated before the […]
Public Service Obligations: A Few More Mistakes that Can Be Avoided
Even efficient companies will fail the 4th Altmark criterion if their costs are not proven […]
A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective
Where there is a constitutional division of tax competences, different authorities may tax similar activities […]
A Market Operator, unlike a Public Authority, Does not Have to Treat all Customers Equally
In managing infrastructure, a public authority acts as a private operator when it seeks a […]
Do Free but Compulsory Tests Confer a Selective Advantage?
State aid rules apply to measures which are either harmonised at EU level or are […]
Court’s Diary – May 2015
Interested in #Stateaid? Get in touch and write a blog post or a comment for […]
Land Development
The sale of land and buildings owned by a public authority conforms with the market […]
PART II: Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
Part II: Support of electricity production from renewable energy sources is normally compatible with the […]
Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
Support of electricity production from renewable energy sources is normally compatible with the internal market. […]
Court’s Diary – April 2015
Got something to say about State Aid? Want to write something on our Blog? Get […]
Loans for SMEs
Low-interest loans may be used to support investments. The granting of de minimis aid through […]
In Brief: Case C‑672/13, OTP Bank Nyrt v Magyar Állam, Magyar Államkincstár
A quick look at the latest ruling of the CJEU from Thursday 19th March. […]
In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday […]
Roundup of EStAL Intensive Workshop, London
Interactive Seminar on The Role of the Market Economy Investor Principle (MEIP) | Infrastructure Funding […]
Relief from Pension Contributions and Reduction of Taxes
Compensation for structural disadvantages encumbering undertakings is still State aid. Compensation for structural disadvantages encumbering […]
Non-Economic Activities
Health insurance which is based on the principle of social solidarity is not economic in […]
Procedures for examining abnormally low tenders as a State aid tool? A note on Case C-568/13 Data Medical Service
A look at the Court’s ruling of 18th December 2014 and the use of abnormally […]
Court’s Diary – March 2015
A look at the month ahead Got something to say about State Aid? You can get […]
A New but Dubious Concept of Advantage [1]
When the Commission orders recovery of aid that is intended to be passed on to […]
In Brief: T-135/12 and T-385/12 France v Commission and Orange v Commission
The General Court confirmed that France granted State aid compatible with the internal market to […]
Exclusive Rights
The granting of exclusive rights may confer an advantage but does not in itself result […]
Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines
Public service obligations must be entrusted by an official act and defined with sufficient precision. […]
State aid to football clubs in Croatia?
GNK Dinamo Zagreb: Will the next act of the sports and State aid saga play […]
In brief: C-37/14 Commission v France
On Thursday 12th February the CJEU passed down its ruling in C-37/14, finding that France […]
Court’s Diary and an invitation to get in touch!
A quick look at the month ahead in the GC/CJEU and reminder about how to […]
Restructuring and the Market Economy Investor Principle
Different interventions that aim to finance the same restructuring plan constitute a single measure. A […]
i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies
Security of energy supply can be a service of general economic interest. Avoiding harm to […]
Black Cabs in London Retain ‘Exclusive’ Rights to Drive in Bus Lanes
A detailed note on Case C-518/13 The Queen, on the application of Eventech Ltd v […]
Non-Commercial Public Infrastructure: Another Judgment, More Questions
Public infrastructure which is not exploited for commercial purposes does not result in an advantage […]
Luxembourg, Amazon, and the State aid connection
The Commission’s opening decision: What should we make of Amazon’s ‘advance pricing agreement’ (APA) and […]
Use of Publicly-Funded Infrastructure without State Aid
Public funding of infrastructure which is open to any user does not constitute State aid. […]
In Brief: Case C-518/13 Eventech and Case T-1/12 France v Commission
A quick look at the two new rulings this week. This post gives a preliminary […]
“Good” Procedures Make “Good” State Aid: Ex Ante Conditionality for Effective Application of EU State Aid Rules
Structural fund rules for the period 2014-2020 define ex ante conditionalities that have to be […]
In Brief: Case T-58/13, Club Hotel Loutraki AE and Others v Commission (judgment of 08.01.2015)
On Thursday the 8th January the GC dismissed all four pleas in the action for […]
Tax Measures with Specific Objectives Can still Be General
A tax measure that applies to certain transactions is not selective if it does not […]
State aid in 2015 – Court’s diary and events
Wishing all our readers and contributors a very happy 2015, this post takes look at […]
Another Measure that Cannot Be Justified by the Logic of the Tax System
The granting of a tax exception is often found to constitute State aid. But the […]
Two Europes and a single SAM
Keeping the flock together: A response to discussions on the GBER and SAM at ESTALI […]
An Important Project of Common European Interest
Infrastructure projects which are economic in nature are subject to State aid scrutiny regardless of […]
Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
When a public entity injects fresh capital in a company in which it is already […]
A Surprising Interpretation of the Concept of Selectivity
Tax measures are selective when they constitute an exception or deviation from the normal or […]
In Brief: T‑57/11 Castelnou Energía v Commission (judgment of 03.12.2014)
On Wednesday 3rd December the GC found Spanish aid granted to coal power plants to […]
The First Application of the New GBER to Sport Infrastructure
Public funding of local sport infrastructure may constitute State aid. The granting of a concession […]
Case T-512/11 Ryanair : Commission’s ATT Ireland Decision Partly Annulled (ATT Act I)
On Tuesday (25.11.2014) the General Court delighted the StateAidHub team by dishing out a shiny […]
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!
The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 […]
Driving in the wrong direction? The opening decision in Fiat
What are we to make of the Commission’s decision to open an in-depth investigation into […]
Tax Rulings and State Aid: Now or Never
This comment looks at the Commission’s decisions to open in-depth investigations into the tax treatment […]
Land Transactions: Commercial Deals v Regulatory Acts
Regulation on land use or changes in such regulations do not constitute State aid. Administrative […]
Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
Extension of an existing aid measure results in the granting of new aid. Only conditions […]
Reduction of Property Taxes and Electricity Tariffs
Relief from property tax is State aid even when the user of the property is […]
The Market Economy Investor Test Applied to a Financially Troubled Company
Public funding of an undertaking is free of State aid when it is accompanied at […]
A Measure is Selective if its Application is Narrower than the Scope of the Objective it Seeks to Achieve
A measure is attributed to a decision of a Member State if it is allowed […]
i) State Aid Can Be Attributed to the State even when Granted via Faulty Procedures ii) Who Can Challenge a Commission Decision Authorising State Aid?
For a measure to constitute State aid, it must, among other things, be attributed to […]
Advantage from High Entry Prices: Can It Be That Both the Commission and the General Court Have Misunderstood Simple Economics?
Price regulation can constitute State aid if the state forgoes potential revenue. However, for price […]
i) Domestic Legal Problems Do Not Make the Recovery of Incompatible Aid Absolutely Impossible ii) Role of National Courts in Cases of Non-notified Aid
The only defence for non-recovery of incompatible State aid is absolute impossibility. Obstacles in domestic […]
The Jurisdictional Side of Selectivity
A measure determined independently by similar public entities is not selective even if it varies […]
Restructuring Aid Approved on Condition that the Beneficiary Is Sold to Highest Bidder
The Commission has wide discretion in assessing the compatibility of State aid with the internal […]
Simultaneity of Investments by Public and Private Investors is a Necessary but not Sufficient Condition for Public Investments to be Free of State Aid
If a public authority guarantees a loan to a company that is in financial difficulty […]
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria
Maintaining capacity that is necessary for the provision of normal services cannot be classified as […]
Compensatory Payments Can be State Aid
Article 107(1) also applies to payments that offset the damage caused by natural disasters. It […]
Levying Taxes to Fund Public Broadcasters
Taxes may not be examined by the Commission in the context of Article 107 even […]
A Textbook Case of i) How to Sell Public Assets without Passing on Incompatible State Aid to the Buyer, and ii) How to Work together with the Commission
An undertaking that has received incompatible State aid must pay it back or, if it […]
Management of Port Infrastructure through a very long Concession Contract: Is the Funding Gap Method Meaningful?
Competitive selection of the operator of an infrastructural facility normally eliminates State aid. However, modifications […]
The Profitability of an Investment Must be Determined Ex Ante
Internal transfer of capital which is not used to fund new economic activities is not […]
Benchmarks of Profitability for Private Investors
A public authority that injects capital in an undertaking [or provides any other kind of […]
Sale of Public Assets, SGEI and Electricity Levies
Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations […]
Capital Injection that Turns out to be Incompatible State Aid
Public authorities and the entities they control need to ensure that injection of public money […]
The New General Block Exemption Regulation: The Cornerstone of the State Aid Regime, 2014-2020
The new GBER at a glance Common Provisions: aid must be transparent, must have incentive […]
Land Development without State Aid
Activities which are part of the performance of public duties are non-economic in nature [e.g. […]
Transparency Is also Needed at the European Commission Level
As more State aid measures in the future will be granted on the basis of […]
A JESSICA-Funded Public-Private Partnership
Public funding of a public-private partnership for the construction and maintenance of public schools may […]
Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid
SGEI can be defined and public service obligations can be imposed only when the market […]
The Cost of not Recovering Incompatible Aid
The Commission is not obliged to quantify precisely the amount of aid that has to […]
The Importance of Precise Definition of Public Service Obligations
The imposition of a public service obligation must be preceded by market analysis that shows […]
Market Operator in Electricity Distribution: Long-term Purchasing Agreements Must Balance Risks and Rewards
A market operator accepts to be bound in long-term contracts, which entail more risk because […]
The Perils of Ex Post Compensation of Public Services Obligations
Providers of SGEI must maintain separate accounts. Parameters of compensation must be determined in advance. Ex-post […]
The New Guidelines on State Aid for Environmental Protection and Energy, 2014-2020
The new guidelines are wider in scope: They also cover energy infrastructure, energy capacity and […]
A Textbook Case of False Arguments: T-150/12, Greece v Commission
Recipients of State aid obtain an advantage even if they do not succeed to improve […]
Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures
Unlimited state guarantees are never compatible with the internal market. The existence of an unlimited guarantee […]
The Importance of a Correct Framing of the Private Creditor and Private Investor Tests
A public authority acting as private creditor must exhaust all legally available means of recovering […]
Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services
Public service obligations may only be imposed where the market does not provide adequate services […]
Competitive Elements in the Selection of Operators of Sports Infrastructure May not Be Enough to Eliminate State Aid
The existence of an advantage cannot be excluded when the operator of an infrastructural facility […]
Public Funding of Projects that Encounter Financial Problems
Aid that is granted after the start of a project lacks incentive effect and is, […]
SMEs Linked through Natural Persons
Two or more enterprises may constitute a single undertaking when their owners and/or managers are […]
The New Guidelines on State Aid to Airports and Airlines: Problematic Issues (part 2)
Introduction Last week I reviewed the main provisions of the new Guidelines on State Aid […]
The New Guidelines on State Aid to Airports and Airlines (part 1)
Introduction[1] One more set of State aid rules for 2014-20 has been adopted. On Thursday, […]
The Role of National Courts in Recovery of Incompatible State Aid
Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which […]
An Assessment of the State Aid Consistency of Financial Instruments Supported by Structural and Investment Funds (Regulation 1303/2013)
Introduction Last week I reviewed the new State aid guidelines on risk finance. This week […]
Guidelines on State Aid to Promote Risk Finance Investments
Introduction On 15 January the Commission adopted the fourth set of guidelines for the […]
Services of General Economic Interest and Horse Racing
Introduction Public authorities often argue that the activities they support are important and that they […]
The Possibly Conflicting Roles of EU Institutions on State Aid
Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter […]
The Non-Equivalence of the Various Methods of Supporting Green Electricity
Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case […]
The New Rules on De minimis Aid for 2014-2020: Regulation 1407/2013
Introduction[1] It is appropriate to start this year’s articles on State aid with an appraisal […]
Economically Rational Environmental Aid
Introduction A few months ago I wrote an article on this blog explaining the big […]
Why Can the Commission Not be Consistent in its Analysis of Economic Activity and Affectation of Trade?
Introduction If you ask a national official who deals with State aid to identify the […]
Non-notified State Aid and the Role of National Courts C 284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn
Introduction What prevents a Member State from granting State aid without first notifying it to […]
The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, […]
How Not to Determine the Effect on Trade [Infrastructure for Tourism, Czech Republic (SA.35909)]
Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of […]
Private Vendor Principle: How to Organise a State-Aid-Free Sale of Public Assets
Introduction The private investor principle (PIP) or market economy investor principle is well established […]
Tax Hypothecation and Economic Efficiency under Altmark: T-275/11, French Television 1 v Commission
Background France Télévisions is a limited company wholly owned by the French State. As France […]
A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability
Introduction When a public authority invests in an undertaking, it must earn a return at […]
A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain
Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that […]
The Offsetting of a Structural Disadvantage Is still State Aid
Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits […]
The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]
Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which […]
Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?
Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for […]
Altmark and Public Procurement: Definition and Award of Contracts
Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has […]
Selectivity and Administrative Discretion
On 18 July 2013, in case C-6/12, the Court of Justice of the European Union […]
The Confusion between Necessity and Proportionality of State Aid [Case SA.35738: Public Funding of Port Infrastructure]
Introduction Several postings in this blog have examined cases concerning funding of port, airport or […]
The Flexible Boundary between Economic and Non-economic Activities
This is a rather long posting divided into two parts both of which deal with […]
How to Use Economic Tools to Ensure the Proportionality of Aid (Commission Decision SA.34938 on a gas storage facility in Poland)
Introduction Normally, economic analysis is used by the Commission to find out whether a measure […]
Public Support without State Aid
Public measures that do not constitute state aid are as interesting as the measures that […]
PuState Resources and Payments between Undertakings
Introduction A couple of years ago, the big issue in State aid law was the […]
Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. […]
Public Funding of Stadiums and Arenas
Introduction After the judgments of the General Court and the Court of Justice on public […]
Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants
This posting examines several recent measures which do not have a single common theme. However, […]
The Puzzle of Environmental Aid: Why Do Firms Make Environmental Investments?
Introduction Environmental aid is the second largest horizontal category of state aid, after regional aid. […]
Restrictions on Sale of Land and Social Housing
Introduction This posting reviews the judgment of the Court of Justice of the European Union […]
Taxes and Tax Reductions on Air Travel: Selectivity and Compatibility
This posting examines an Irish and a German measure concerning reduction in passenger taxes. As […]
Fiscal Leveraging: Donations and State Aid for Culture and Sports
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by […]
Ex Post Evaluation of State Aid: A New Instrument
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European […]
Objectively Justified Pricing: The Market Economy Operator Principle
Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], […]
Sale of State-owned Airlines [Commission Decision SA.33337 on sale of subsidiaries by LOT Polish Airlines]
Introduction In the previous posting I examined the funding of a regional airport. In this […]
Airport Operators and Budget Airlines [Commission Decision SA.23324: Finavia, Airpro and Ryanair at Tampere-Pirkkala Airport
During the past 18 months or so, the European Commission has launched more than 20 […]
Where is the Money? The Link between Advantage and Transfer of State Resources
On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 […]
Loans, Guarantees and Credit Worthiness
This post examines the two latest judgments of EU courts on State aid. They do […]
An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land
The obligation of the state to act as a private vendor When a public […]
The Market Economy Vendor Principle: Sale of Public Land by the Dutch Municipality of Leidschendam-Voorburg [Commission Decision SA.24123]
The previous posting examined a case where the European Commission applied the Market Economy Investor […]
The Curious Case of Applying the Market Economy Investor Principle to a Monopoly
On 3 October 2012, the European Commission concluded, in case SA.33988, that OPAP, the Greek […]
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure
Introduction The posting reviews three recent rulings of the General Court. They are significant […]
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