The leading State aid law conference

EStALI Autumn Conference on European State Aid Law

Lexxion has compiled a programme covering current developments in the field of state aid and gathered numerous speakers, such as Karl Soukup, Director, DG COMP, European Commission.

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Visit Lexxion’s CoRe Blog:  The Platform for Up-To-Date Competition Law Analysis

The CoRe Blog is your source of regular news, analyses and a case law reference digest on EU competition law and its interplay with regulatory law but also an interactive discussion platform for the expert community.

So let’s talk competition law!

New CoRe Blog Post:
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 Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able to take into account the competitive advantages of the foreign state-owned enterprises and not prevent the Member States from promoting their own “national champions” that could effectively challenge their foreign competitors on the global markets.

>>> Read the full blog post now

New State Aid Blog Post:
Employees’ Social Security Contributions and Compensation for Damage

Fiscal benefits to employees do not constitute State aid as long as they do not confer a direct or indirect advantage to their employers.

>>> Read the full blog post now

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The law journal is best known for closely monitoring and shaping the reforms, changes and overall developments in the world of State aid.

Take this opportunity to stay informed about the latest happenings in global State aid.

Journals

21. Oct 2020

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 […]

15. Oct 2020

CCLR 3/2020 Out now

Issue 3/2020 of the Carbon and Climate Law Review in 2020 is out now. The […]

12. Oct 2020

EDPL 3/2020 is out now

Issue 3/2020 of the European Data Protection Law Review (EDPL) is now available! It includes opinions on […]

02. Oct 2020

EPPPL 3/2020 – Public Private Partnerships in Focus

Issue 3/2020 of the European Procurement & Public Private Partnerships Law Review (EPPPL) in now […]

02. Oct 2020

EurUP 03/2020

Die Schriftleitung von EurUP widmet Hans D. Jarass, dem sie sich als Wissenschaftler und Fachkollegen […]

02. Oct 2020

AbfallR 5/2020

Heft 5/20 der AbfallR wird eröffnet durch Loschwitz, der sich in seinem Beitrag der Nationalen […]

01. Oct 2020

StoffR 3/2020 – Biozidprodukte- und Pflanzenschutzrecht, Material Compliance, Recht der Lebensmittelwerbung, Bundesimmissionsschutzrecht

Dieter Drohmann und Lara Dickens klären Fragen in der rechtlichen Abgrenzung von Bioziden und Reinigungsmitteln auf Grundlage […]

21. Sep 2020

EStAL 3/2020 – State Aid’s Far Reach?

Issue 3/2020 of the European State Aid Law Quarterly (EStAL) is out. The thought-provoking Editorial […]

17. Sep 2020

EFFL 04/2020

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

21. Aug 2020

CoRe 03/2020

Issue 3/2020 of the European Competition and Regulatory Law Review (CoRe) is out! The articles […]

03. Aug 2020

EPLR 2/2020

The second issue of the European Pharmaceutical Law Review in the 2020 is now available. […]

02. Jul 2020

Issue 1/2020 – International Chemical Regulatory and Law Review

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

19. Jun 2020

Ausgabe 2/2020

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

14. Feb 2020

Issue 4/19 – Special Issue on AI Governance

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

04. Nov 2019

EStIF says its farewell

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

Latest Blog Posts

22. Oct 2020
Competition Blog

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 […]

20. Oct 2020
State Aid Blog

Employees’ Social Security Contributions and Compensation for Damage

Fiscal benefits to employees do not constitute State aid as long as they do not […]

13. Oct 2020
State Aid Blog

Market Economy Operator Principle: The Case of FIH

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and […]

12. Oct 2020
Competition Blog

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 […]

06. Oct 2020
State Aid Blog

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. […]

30. Sep 2020
State Aid Blog

Market Economy Operator Test

A rational airport operator considers only incremental revenue and costs and ignores any cost not […]

22. Sep 2020
Competition Blog

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 […]

22. Sep 2020
State Aid Blog

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 […]

15. Sep 2020
State Aid Blog

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 […]

08. Sep 2020
State Aid Blog

State Control without State Imputability

A snapshot of Covid-19 State aid Number of Covid-19 approved measures1, 2 [EU27 + UK, […]

04. Sep 2020
Competition Blog

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 […]

01. Sep 2020
State Aid Blog

Pari Passu Investments

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 28 August […]

27. Aug 2020
Competition Blog

Slack v. Microsoft – more than just another tying case

The recent wave of claims against digital giants appears to have completed a circle with […]

25. Aug 2020
State Aid Blog

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 […]

18. Aug 2020
State Aid Blog

MEIP-Compliant Bank Recapitalisation: CEC Bank

An investor who is already a shareholder would take into account not only the return […]

11. Aug 2020
State Aid Blog

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 […]

04. Aug 2020
State Aid Blog

Draft Regional Aid Guidelines: Simpler and Clearer

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 31 July […]

21. Jul 2020
State Aid Blog

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 […]

14. Jul 2020
State Aid Blog

2019 Competition Report

The Annual Competition Report is a useful document, but it should provide more information on […]

07. Jul 2020
State Aid Blog

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 […]

30. Jun 2020
State Aid Blog

Health Insurance Based on Social Solidarity Is Non-economic

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

23. Jun 2020
State Aid Blog

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 […]

16. Jun 2020
State Aid Blog

Direct v Indirect Advantages: The Case of Sardinian Airports

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

16. Jun 2020
Competition Blog

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 […]

11. Jun 2020
State Aid Blog

When State Aid Gets Political

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

09. Jun 2020
State Aid Blog

Private Investor and Preferential Regulatory Treatment

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

09. Jun 2020
Competition Blog

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 […]

02. Jun 2020
State Aid Blog

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 […]

28. May 2020
Competition Blog

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 […]

26. May 2020
State Aid Blog

State Aid for i) Water Development ii) Travel

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

19. May 2020
State Aid Blog

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 […]

19. May 2020
Competition Blog

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 […]

14. May 2020
State Aid Blog

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 […]

14. May 2020
Competition Blog

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 […]

12. May 2020
State Aid Blog

Advantage Must be Proven, Not Assumed

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

05. May 2020
State Aid Blog

Non-recovery of Incompatible State aid Is Costly

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

27. Apr 2020
State Aid Blog

Identification of Undertakings in Difficulty

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

23. Apr 2020
Competition Blog

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 […]

20. Apr 2020
State Aid Blog

How to Price a Guarantee

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

17. Apr 2020
State Aid Blog

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 […]

14. Apr 2020
State Aid Blog

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 […]

09. Apr 2020
State Aid Blog

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 […]

09. Apr 2020
State Aid Blog

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 […]

07. Apr 2020
State Aid Blog

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. […]

06. Apr 2020
Competition Blog

EURIBOR Cartel: Features of Collusion and Detection of Cartel

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

03. Apr 2020
State Aid Blog

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 […]

01. Apr 2020
State Aid Blog

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 […]

31. Mar 2020
State Aid Blog

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 […]

25. Mar 2020
State Aid Blog

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 […]

25. Mar 2020
Competition Blog

Otis II: A lost opportunity to clear the mist

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

20. Mar 2020
State Aid Blog

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 […]

19. Mar 2020
Competition Blog

Corona and EU economic law: State aid

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

17. Mar 2020
State Aid Blog

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 […]

16. Mar 2020
Competition Blog

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 […]

16. Mar 2020
Competition Blog

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 […]

15. Mar 2020
Competition Blog

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 […]

11. Mar 2020
State Aid Blog

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 […]

05. Mar 2020
Competition Blog

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 […]

03. Mar 2020
State Aid Blog

Public Funding of Infrastructure without State Aid

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

25. Feb 2020
State Aid Blog

Environmental Remediation and State Liability

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

21. Feb 2020
State Aid Blog

From Waste to Energy

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

12. Feb 2020
State Aid Blog

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 […]

04. Feb 2020
Competition Blog

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 […]

04. Feb 2020
State Aid Blog

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 […]

28. Jan 2020
State Aid Blog

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 […]

23. Jan 2020
State Aid Blog

Public Subsidies to Households Can Be State aid

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

23. Jan 2020
Competition Blog

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 […]

14. Jan 2020
State Aid Blog

Exclusive Rights and Legal Monopolies

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

10. Jan 2020
Competition Blog

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 […]

07. Jan 2020
State Aid Blog

Bail-in Is the Responsibility of Member States

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

27. Dec 2019
State Aid Blog

5 Most Read Articles on StateAidUncovered in 2019

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

23. Dec 2019
State Aid Blog

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 […]

19. Dec 2019
Competition Blog

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 […]

17. Dec 2019
State Aid Blog

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 […]

10. Dec 2019
State Aid Blog

Retroactive Application of the GBER

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

05. Dec 2019
State Aid Blog

Will Brexit Usher in Protectionism?

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

03. Dec 2019
State Aid Blog

Separability of Economic from Non-economic Activities

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

27. Nov 2019
Competition Blog

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 […]

26. Nov 2019
State Aid Blog

How to Assess a Shareholder Loan

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

19. Nov 2019
State Aid Blog

Compensation to a Toll Road Operator

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

14. Nov 2019
State Aid Blog

Risk Finance

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

12. Nov 2019
Competition Blog

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 […]

12. Nov 2019
Competition Blog

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 […]

06. Nov 2019
Competition Blog

2018:904 Groupe Canal + v European Commission

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

05. Nov 2019
State Aid Blog

Economic Continuity in Recovery of Incompatible State aid

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

04. Nov 2019
Competition Blog

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 […]

30. Oct 2019
State Aid Blog

The Operator of an Economic Infrastructure is an Undertaking

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

29. Oct 2019
Competition Blog

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 […]

22. Oct 2019
State Aid Blog

Production of Green Electricity

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

17. Oct 2019
Competition Blog

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 […]

16. Oct 2019
State Aid Blog

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 […]

08. Oct 2019
State Aid Blog

Public Service Obligations, Duration of Entrustment and Reasonable Profit

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

07. Oct 2019
Competition Blog

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 […]

01. Oct 2019
State Aid Blog

Enforcement of State Aid Rules by National Courts

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

26. Sep 2019
Competition Blog

‘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. […]

24. Sep 2019
State Aid Blog

“Invest-NL”: A New Promotional Bank

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

19. Sep 2019
Competition Blog

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 […]

17. Sep 2019
State Aid Blog

Sale of a Bank without State aid

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

10. Sep 2019
State Aid Blog

Individually Notified Regional Aid

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

06. Sep 2019
Competition Blog

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 […]

03. Sep 2019
State Aid Blog

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 […]

28. Aug 2019
State Aid Blog

A Curious Case of Port Concessions

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

21. Aug 2019
Competition Blog

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) […]

20. Aug 2019
State Aid Blog

Repayable Advances for Support of Research Projects

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

13. Aug 2019
State Aid Blog

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 […]

06. Aug 2019
State Aid Blog

Transport: Airlines and Bus Operators

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

30. Jul 2019
State Aid Blog

The Problem with Turnover Taxes

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

25. Jul 2019
Competition Blog

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 […]

23. Jul 2019
State Aid Blog

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 […]

16. Jul 2019
State Aid Blog

Investor Protection and Existing Aid

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

09. Jul 2019
State Aid Blog

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 […]

04. Jul 2019
Competition Blog

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 […]

02. Jul 2019
State Aid Blog

Application of the MEOP to Energy Infrastructure

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

26. Jun 2019
Competition Blog

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 […]

25. Jun 2019
State Aid Blog

How to Value Land in Complex Land Swaps

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

19. Jun 2019
Competition Blog

2018:773 Infineon Technologies AG v European Commission

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

18. Jun 2019
State Aid Blog

Is it OK to Tax Company Size?*

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

14. Jun 2019
Competition Blog

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 […]

11. Jun 2019
State Aid Blog

I) Unlimited State Guarantees II) Effect on Trade

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

05. Jun 2019
Competition Blog

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 […]

04. Jun 2019
State Aid Blog

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 […]

29. May 2019
Competition Blog

CoRe Podcast – Online Platforms: Competition Law & Regulation

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

28. May 2019
State Aid Blog

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 […]

21. May 2019
State Aid Blog

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 […]

16. May 2019
State Aid Blog

Competitors’ Rights

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

14. May 2019
Competition Blog

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 […]

07. May 2019
State Aid Blog

Land Development: The Case of Jaguar Land Rover Slovakia

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

02. May 2019
Competition Blog

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 […]

30. Apr 2019
State Aid Blog

The Commission Must Explain its Decision

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

29. Apr 2019
Competition Blog

Interview with the new CoRe Blog editor Rita Griguolaite

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

26. Apr 2019
Competition 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) […]

26. Apr 2019
Competition Blog

2018:60 Deutsche Bahn and Others v Commission

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

26. Apr 2019
Competition Blog

2018:58 Schenker Ltd v European Commission

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

24. Apr 2019
Competition Blog

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 […]

23. Apr 2019
State Aid Blog

State Control: The Case of EEG 2012

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

15. Apr 2019
Competition Blog

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 […]

12. Apr 2019
Competition Blog

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) […]

12. Apr 2019
Competition Blog

2017:753 Marine Harvest ASA v Commission

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

12. Apr 2019
Competition Blog

2018:590 Orange Polska v Commission

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

11. Apr 2019
Competition Blog

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 […]

09. Apr 2019
State Aid Blog

The Boundary between State and Private Resources

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

03. Apr 2019
State Aid Blog

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 […]

26. Mar 2019
State Aid Blog

National Authorities Must Recover Aid they Grant Mistakenly

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

25. Mar 2019
Competition Blog

CoRe Issue 1/2019 is out now!

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

21. Mar 2019
Competition Blog

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 […]

19. Mar 2019
State Aid Blog

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 […]

13. Mar 2019
State Aid Blog

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, […]

07. Mar 2019
Competition Blog

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 […]

05. Mar 2019
State Aid Blog

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 […]

05. Mar 2019
Competition Blog

Minority acquisition headed for first prohibition in Norway

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

27. Feb 2019
State Aid Blog

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 […]

19. Feb 2019
State Aid Blog

Support for Non-Performing Loans in Cyprus

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

18. Feb 2019
Competition Blog

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 […]

14. Feb 2019
Competition Blog

2017:643 Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

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

14. Feb 2019
State Aid Blog

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 […]

12. Feb 2019
State Aid Blog

Pari Passu Is not Static

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

11. Feb 2019
Competition Blog

2017:1008 Trioplast Industrier v Commission

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

11. Feb 2019
Competition Blog

2018:854 Apple Sales International and Others MJA

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

11. Feb 2019
Competition Blog

2018:371 Ernst & Young v Konkurrenceradet

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

29. Jan 2019
Competition Blog

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 […]

29. Jan 2019
State Aid Blog

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 […]

22. Jan 2019
State Aid Blog

The Private Investor Principle in Air Transport – Part II

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

18. Jan 2019
Competition Blog

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 […]

16. Jan 2019
State Aid Blog

The Private Investor Principle in Air Transport – Part I

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

09. Jan 2019
Competition Blog

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 […]

08. Jan 2019
State Aid Blog

Justification of a Tax Exemption

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

21. Dec 2018
State Aid Blog

Infrastructure Projects, State Guarantees and Distortion of Competition

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

18. Dec 2018
State Aid Blog

The Date and Scope of Public Service Compensation

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

12. Dec 2018
State Aid Blog

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 […]

11. Dec 2018
Competition Blog

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 […]

04. Dec 2018
State Aid Blog

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 […]

30. Nov 2018
Competition Blog

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 […]

29. Nov 2018
Competition Blog

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 […]

27. Nov 2018
State Aid Blog

Legal Standing of Investors in Failed Banks

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

20. Nov 2018
State Aid Blog

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 […]

20. Nov 2018
Competition Blog

The Karstadt – Kaufhof merger decided

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

13. Nov 2018
Competition Blog

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 […]

09. Nov 2018
State Aid Blog

Using the Correct Methodology to Calculate Public Service Compensation

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

06. Nov 2018
State Aid Blog

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 […]

30. Oct 2018
State Aid Blog

Tax Inseparably Linked to State Aid

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

30. Oct 2018
Competition Blog

Recap of the 2nd CoRe conference, 24 Oct. 2018

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

23. Oct 2018
State Aid Blog

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 […]

18. Oct 2018
Competition Blog

The BritNed v ABB Case: private enforcement pur sang

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

16. Oct 2018
State Aid Blog

Unlimited State Guarantees

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

10. Oct 2018
Competition Blog

The Karstadt – Kaufhof merger

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

09. Oct 2018
State Aid Blog

Ex ante Assessment of Future Profitability is Absolutely Necessary

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

08. Oct 2018
Competition Blog

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 […]

02. Oct 2018
State Aid Blog

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 […]

28. Sep 2018
Competition Blog

CoRe Conference on 24 October in Brussels

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

28. Sep 2018
Competition Blog

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 […]

25. Sep 2018
State Aid Blog

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 […]

18. Sep 2018
State Aid Blog

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 […]

18. Sep 2018
Competition Blog

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 […]

11. Sep 2018
State Aid Blog

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 […]

07. Sep 2018
Competition Blog

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 […]

04. Sep 2018
State Aid Blog

Public Procurement and State Aid

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

28. Aug 2018
Competition Blog

The United States considers boarding the tech regulation train

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

28. Aug 2018
State Aid Blog

Public Service Compensation

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

21. Aug 2018
State Aid Blog

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 […]

16. Aug 2018
Competition Blog

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 […]

13. Aug 2018
State Aid Blog

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 […]

07. Aug 2018
State Aid Blog

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 […]

07. Aug 2018
Competition Blog

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 […]

31. Jul 2018
Competition Blog

2018-60 Deutsche Bahn and Others v Commission

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

27. Jul 2018
Competition Blog

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 […]

27. Jul 2018
State Aid Blog

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 […]

17. Jul 2018
State Aid Blog

Danish Water Tax Exemption

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

17. Jul 2018
Competition Blog
10. Jul 2018
Competition Blog

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 […]

10. Jul 2018
State Aid Blog

The 2017 Annual Competition Report

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

10. Jul 2018
Competition Blog

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 […]

03. Jul 2018
State Aid Blog

Revision of the GBER

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

29. Jun 2018
Competition Blog

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. […]

25. Jun 2018
State Aid Blog

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 […]

19. Jun 2018
State Aid Blog

Sector-Specific Tax Exemptions

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

19. Jun 2018
Competition Blog

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 […]

12. Jun 2018
State Aid Blog

State Aid for the Deployment of Broadband Networks

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

07. Jun 2018
Competition Blog

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 […]

05. Jun 2018
State Aid Blog

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 […]

31. May 2018
Competition Blog

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 […]

29. May 2018
State Aid Blog

Exemptions from Product-Specific Taxes

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

25. May 2018
Competition Blog

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 […]

22. May 2018
State Aid Blog

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 […]

18. May 2018
Competition Blog

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 […]

15. May 2018
State Aid Blog

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 […]

10. May 2018
Competition Blog

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 […]

08. May 2018
State Aid Blog

Dealing with Problematic Banks

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

04. May 2018
Competition Blog

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 […]

02. May 2018
State Aid Blog

Compensation for Public Service Obligations

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

01. May 2018
Competition Blog

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 […]

24. Apr 2018
State Aid Blog

Liquidity Support to Banks

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

23. Apr 2018
Competition Blog

Innovation in EU merger control

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

17. Apr 2018
State Aid Blog

Complaints about Billboards and Welfare Services

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

16. Apr 2018
Competition Blog

Fines and files – news of the German sausage cartel

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

11. Apr 2018
Competition Blog

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 […]

10. Apr 2018
State Aid Blog

What Makes a Public Health Care System Non-economic?

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

10. Apr 2018
Competition Blog

Announcement of Winner of CoRe Blog Competition

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

06. Apr 2018
Competition 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 […]

05. Apr 2018
Competition Blog

Vestager Picks CoRe Board Member for Special Adviser

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

03. Apr 2018
State Aid Blog

Advantage through Contracts

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

03. Apr 2018
Competition Blog

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 […]

03. Apr 2018
Competition Blog

2017-756 – KPN BV v European Commission

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

03. Apr 2018
Competition Blog

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 […]

03. Apr 2018
Competition Blog

2017-716 Report – Ferriere Nord Spa v European Commission

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

03. Apr 2018
Competition Blog

2017-713 Report – Riva Fire v Commission

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

30. Mar 2018
Competition Blog

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 […]

27. Mar 2018
State Aid Blog

Correct Pricing for the Use of Publicly Funded Infrastructure

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

22. Mar 2018
Competition Blog

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 […]

20. Mar 2018
State Aid Blog

Private Creditor v Private Investor

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

15. Mar 2018
Competition Blog

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 […]

13. Mar 2018
State Aid Blog

What Is and What Is not Export Aid

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

08. Mar 2018
Competition Blog

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 […]

06. Mar 2018
State Aid Blog

State Aid for R&D

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

01. Mar 2018
Competition Blog

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 […]

27. Feb 2018
State Aid Blog

Economic Activities in a System of Social Solidarity

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

22. Feb 2018
Competition Blog

2017-679 Report – LG Electronics v Commission

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

20. Feb 2018
State Aid Blog

What Happens when Things Go Wrong

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

19. Feb 2018
Competition Blog

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 […]

13. Feb 2018
State Aid Blog

Investment in Airport Infrastructure

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

12. Feb 2018
Competition Blog

2017-520 Report – Toshiba Corporation v European Commission

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

06. Feb 2018
State Aid Blog

How a Private Investor Behaves: EDF v Commission

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

05. Feb 2018
Competition Blog

2017-314 Report – Akzo Nobel and Others v Commission

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

30. Jan 2018
State Aid Blog

The Puzzle of the State Acting as a Regulator

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

29. Jan 2018
Competition Blog

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) […]

23. Jan 2018
State Aid Blog

Danish Horse Racing

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

22. Jan 2018
Competition Blog

Calendar year 2017

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

16. Jan 2018
State Aid Blog

Selectivity Requires Comparison

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

09. Jan 2018
State Aid Blog

Structural Disadvantages and Regional Aid

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

02. Jan 2018
State Aid Blog

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 […]

01. Jan 2018
State Aid Blog

Court’s Diary – January 2018

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

27. Dec 2017
State Aid Blog

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 […]

21. Dec 2017
State Aid Blog

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 […]

19. Dec 2017
State Aid Blog

Sport and Trade

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

12. Dec 2017
State Aid Blog

How to Determine whether State Aid Affects Trade

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

05. Dec 2017
State Aid Blog

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 […]

30. Nov 2017
State Aid Blog

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 […]

21. Nov 2017
State Aid Blog

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 […]

14. Nov 2017
State Aid Blog

Existing v New Aid

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

07. Nov 2017
State Aid Blog

Indirect v Secondary Effects of State Aid

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

01. Nov 2017
State Aid Blog

Activities Linked to State Prerogatives

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

24. Oct 2017
State Aid Blog

Private Creditor Test

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

17. Oct 2017
State Aid Blog

State Resources and Imputability

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

10. Oct 2017
State Aid Blog

Pitfalls in the Use of De Minimis Aid

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

04. Oct 2017
State Aid Blog

The Necessity and Proportionality of Regional Aid

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

26. Sep 2017
State Aid Blog

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 […]

19. Sep 2017
State Aid Blog

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 […]

12. Sep 2017
State Aid Blog

Concession Agreements Free of State Aid

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

05. Sep 2017
State Aid Blog

Sale, Liquidation and Other Options for Private Investors

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

29. Aug 2017
State Aid Blog

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 […]

24. Aug 2017
State Aid Blog

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 […]

22. Aug 2017
State Aid Blog

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 […]

15. Aug 2017
State Aid Blog

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 […]

10. Aug 2017
State Aid Blog

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 […]

08. Aug 2017
State Aid Blog

Sale of State-Owned Bank

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

01. Aug 2017
State Aid Blog

Collective Insolvency and the GBER

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

27. Jul 2017
State Aid Blog

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 […]

25. Jul 2017
State Aid Blog

Transfer of Trademarks

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

18. Jul 2017
State Aid Blog

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.   […]

11. Jul 2017
State Aid Blog

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 […]

06. Jul 2017
State Aid Blog

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 […]

04. Jul 2017
State Aid Blog

Imputability to the State

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

27. Jun 2017
State Aid Blog

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 […]

22. Jun 2017
State Aid Blog

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 […]

20. Jun 2017
State Aid Blog

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 […]

13. Jun 2017
State Aid Blog

A Regional Aid Scheme with an Ex-Post Evaluation Plan

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

06. Jun 2017
State Aid Blog

Transfer of State Assets between State-Owned Companies

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

30. May 2017
State Aid Blog

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 […]

29. May 2017
State Aid Blog

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 […]

23. May 2017
State Aid Blog

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 […]

16. May 2017
State Aid Blog

Regional Investment Aid and Sale of Land

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

09. May 2017
State Aid Blog

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. […]

03. May 2017
State Aid Blog

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 […]

01. May 2017
State Aid Blog

Court’s Diary – May 2017

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

26. Apr 2017
State Aid Blog

A Postscript on Brexit and State Aid

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

25. Apr 2017
State Aid Blog

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 […]

18. Apr 2017
State Aid Blog

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 […]

11. Apr 2017
State Aid Blog

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.   […]

04. Apr 2017
State Aid Blog

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 […]

02. Apr 2017
State Aid Blog

Court’s Diary – April 2017

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

28. Mar 2017
State Aid Blog

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!

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

21. Mar 2017
State Aid Blog

Support for Illiquid but Solvent Banks

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

14. Mar 2017
State Aid Blog

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 […]

11. Mar 2017
State Aid Blog

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 […]

07. Mar 2017
State Aid Blog

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 […]

01. Mar 2017
State Aid Blog

Court’s Diary – March 2017

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

28. Feb 2017
State Aid Blog

State Aid for R&D: What Is Research?

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

21. Feb 2017
State Aid Blog

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 […]

14. Feb 2017
State Aid Blog

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 […]

07. Feb 2017
State Aid Blog

The Scope of Public Service Obligations

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

31. Jan 2017
State Aid Blog

Financial Cooperatives

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

24. Jan 2017
State Aid Blog

Selectivity Stretched

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

17. Jan 2017
State Aid Blog

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 […]

10. Jan 2017
State Aid Blog

Developments on the Concepts of Advantage and Selectivity

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

03. Jan 2017
State Aid Blog

Public Service Obligations and Award for Damages

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

29. Dec 2016
State Aid Blog

Top 3 State Aid Blog Posts from 2016

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

27. Dec 2016
State Aid Blog

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) […]

22. Dec 2016
State Aid Blog

5 most read articles by Phedon Nicolaides in 2016

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

20. Dec 2016
State Aid Blog

Existing v New Aid and Role of National Courts

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

15. Dec 2016
State Aid Blog

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 […]

13. Dec 2016
State Aid Blog

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 […]

06. Dec 2016
State Aid Blog

Pensions, Public Statements and Private Investors

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

29. Nov 2016
State Aid Blog

Media Plurality in Denmark

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

23. Nov 2016
State Aid Blog

No Affectation of Trade

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

15. Nov 2016
State Aid Blog

Private Investor v Private Creditor

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

08. Nov 2016
State Aid Blog

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 […]

01. Nov 2016
State Aid Blog

Turnover Taxes Can be Incompatible with the Internal Market

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

25. Oct 2016
State Aid Blog

Belgium’s Alternative Tax Regime for the Diamond Sector

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

19. Oct 2016
State Aid Blog
18. Oct 2016
State Aid Blog

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 […]

11. Oct 2016
State Aid Blog

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 […]

06. Oct 2016
State Aid Blog

Compensation for the Extra Costs Imposed by Law

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

05. Oct 2016
State Aid Blog

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. […]

01. Oct 2016
State Aid Blog

Court’s Diary – October 2016

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

27. Sep 2016
State Aid Blog

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 […]

20. Sep 2016
State Aid Blog

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 […]

14. Sep 2016
State Aid Blog

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 […]

13. Sep 2016
State Aid Blog

Burden-Sharing and State Aid to Banks

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

06. Sep 2016
State Aid Blog

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 […]

01. Sep 2016
State Aid Blog

Court’s Diary – September 2016

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

30. Aug 2016
State Aid Blog

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 […]

23. Aug 2016
State Aid Blog

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 […]

18. Aug 2016
State Aid Blog

New Video: How to notify State aid?

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

16. Aug 2016
State Aid Blog

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. […]

11. Aug 2016
State Aid Blog

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 […]

04. Aug 2016
State Aid Blog

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 […]

02. Aug 2016
State Aid Blog

State Aid Rules and Transfer Pricing

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

28. Jul 2016
State Aid Blog

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 […]

26. Jul 2016
State Aid Blog

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 […]

21. Jul 2016
State Aid Blog

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 […]

18. Jul 2016
State Aid Blog

State Aid to Electricity Intensive Users

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

14. Jul 2016
State Aid Blog

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 […]

12. Jul 2016
State Aid Blog

State Aid Modernisation: First Results

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

07. Jul 2016
State Aid Blog

New Video: Practical Examples of State Aid

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

05. Jul 2016
State Aid Blog

PART II: Combining Infrastructure Aid with SGEI Aid

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

01. Jul 2016
State Aid Blog

Court’s Diary – July 2016

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

30. Jun 2016
State Aid Blog

New Video: Who Can Grant State Aid?

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

27. Jun 2016
State Aid Blog

Brexit and State Aid: The Day After

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

23. Jun 2016
State Aid Blog

New Video: What is State aid?

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

22. Jun 2016
State Aid Blog

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 […]

21. Jun 2016
State Aid Blog

PART I: Combining Infrastructure Aid with SGEI Aid

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

16. Jun 2016
State Aid Blog

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 […]

13. Jun 2016
State Aid Blog

Beneficiaries and Benefits of State Guarantees

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

09. Jun 2016
State Aid Blog

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 […]

07. Jun 2016
State Aid Blog

Sport Facilities, the Balancing Test and Distortion of Competition

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

02. Jun 2016
State Aid Blog

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 […]

01. Jun 2016
State Aid Blog

Court’s Diary – June 2016

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

31. May 2016
State Aid Blog

Support for Green Electricity: State Resources and “PreussenElektra”

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

24. May 2016
State Aid Blog

Tax Exemptions Authorised by the Council of the EU

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

18. May 2016
State Aid Blog

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 […]

10. May 2016
State Aid Blog

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 […]

03. May 2016
State Aid Blog

Calculation of State Aid in Guarantees

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

02. May 2016
State Aid Blog

Court’s Diary – May 2016

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

18. Apr 2016
State Aid Blog

Who is Aided when a Bank is Resolved?

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

12. Apr 2016
State Aid Blog

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. […]

05. Apr 2016
State Aid Blog

Local Infrastructure

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

04. Apr 2016
State Aid Blog

Court’s Diary – April 2016

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

30. Mar 2016
State Aid Blog

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 […]

23. Mar 2016
State Aid Blog

Compensatory Payments Can still Confer an Advantage

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

15. Mar 2016
State Aid Blog

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 […]

08. Mar 2016
State Aid Blog

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 […]

04. Mar 2016
State Aid Blog

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 […]

03. Mar 2016
State Aid Blog

Court’s Diary – March 2016

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

01. Mar 2016
State Aid Blog

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 […]

23. Feb 2016
State Aid Blog

How to Determine the Selectivity of a Tax Measure

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

16. Feb 2016
State Aid Blog

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 […]

09. Feb 2016
State Aid Blog

Connecting Public and Private Infrastructure

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

02. Feb 2016
State Aid Blog

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 […]

01. Feb 2016
State Aid Blog

Court’s Diary – February 2016

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

26. Jan 2016
State Aid Blog

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 […]

19. Jan 2016
State Aid Blog

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 […]

12. Jan 2016
State Aid Blog

Valuation of Assets Disposed by the State

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

05. Jan 2016
State Aid Blog

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 […]

01. Jan 2016
State Aid Blog

Court’s Diary – January 2016

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

29. Dec 2015
State Aid Blog

Regional Aid to Car Manufacturers – Part II

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

23. Dec 2015
State Aid Blog

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 […]

22. Dec 2015
State Aid Blog

Regional Aid to Car Manufacturers

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

14. Dec 2015
State Aid Blog

Altmark, again!

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

12. Dec 2015
State Aid Blog

Top 3 State Aid Blog Posts from 2015

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

08. Dec 2015
State Aid Blog
03. Dec 2015
State Aid Blog
01. Dec 2015
State Aid Blog

Court’s Diary – December 2015

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

01. Dec 2015
State Aid Blog

Investment and Operating Aid to Airports

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

24. Nov 2015
State Aid Blog

Market Economy Investor Principle

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

16. Nov 2015
State Aid Blog

Special Tax Treatment to Alleviate Structural Disadvantages

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

11. Nov 2015
State Aid Blog

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 […]

10. Nov 2015
State Aid Blog

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 […]

05. Nov 2015
State Aid Blog

Court’s Diary – November 2015

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

04. Nov 2015
State Aid Blog

Economic Continuity and Recovery of Incompatible State Aid

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

27. Oct 2015
State Aid Blog

The Perennial Altmark Questions

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

22. Oct 2015
State Aid Blog

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 […]

20. Oct 2015
State Aid Blog

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 […]

13. Oct 2015
State Aid Blog

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 […]

12. Oct 2015
State Aid Blog

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 […]

05. Oct 2015
State Aid Blog

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 […]

29. Sep 2015
State Aid Blog

Airport Infrastructure, Public Remit and the MEOT

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

25. Sep 2015
State Aid Blog

New State Aid Regulations

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

24. Sep 2015
State Aid Blog

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 […]

22. Sep 2015
State Aid Blog

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 […]

15. Sep 2015
State Aid Blog

Compensation for Public Service Obligations and Compensation for Damage

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

08. Sep 2015
State Aid Blog

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 […]

02. Sep 2015
State Aid Blog

When Do Public Pronouncements Confer an Advantage to Undertakings?

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

01. Sep 2015
State Aid Blog

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 […]

25. Aug 2015
State Aid Blog

The Challenge of Calculating a Market Price

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

18. Aug 2015
State Aid Blog

Why Do some Member States Offer so much Fiscal Aid?

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

11. Aug 2015
State Aid Blog

Ex post Evaluation of State Aid Measures

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

04. Aug 2015
State Aid Blog

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 […]

28. Jul 2015
State Aid Blog

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 […]

21. Jul 2015
State Aid Blog

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 […]

14. Jul 2015
State Aid Blog

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 […]

07. Jul 2015
State Aid Blog

Privatisation by Splitting the Assets

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

02. Jul 2015
State Aid Blog

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 […]

29. Jun 2015
State Aid Blog

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 […]

22. Jun 2015
State Aid Blog

Ex post Monitoring of a Risk Capital Fund

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

17. Jun 2015
State Aid Blog

EStAL Best Reviewer Award 2014/2015

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

15. Jun 2015
State Aid Blog

Germany Scores a Hat-trick of Non-Aid Measures!

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

08. Jun 2015
State Aid Blog

The Perils of Ex Post Monitoring

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

03. Jun 2015
State Aid Blog

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 […]

01. Jun 2015
State Aid Blog

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: […]

27. May 2015
State Aid Blog

Restructuring Aid, Recovery of Aid and Procedural Rights

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

19. May 2015
State Aid Blog

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 […]

12. May 2015
State Aid Blog

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 […]

06. May 2015
State Aid Blog

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 […]

29. Apr 2015
State Aid Blog

Do Free but Compulsory Tests Confer a Selective Advantage?

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

27. Apr 2015
State Aid Blog

Court’s Diary – May 2015

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

20. Apr 2015
State Aid Blog

Land Development

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

13. Apr 2015
State Aid Blog

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 […]

07. Apr 2015
State Aid Blog

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. […]

01. Apr 2015
State Aid Blog

State Guarantees

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

30. Mar 2015
State Aid Blog

Court’s Diary – April 2015

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

24. Mar 2015
State Aid Blog

Loans for SMEs

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

20. Mar 2015
State Aid Blog

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.   […]

18. Mar 2015
State Aid Blog
17. Mar 2015
State Aid Blog

Roundup of EStAL Intensive Workshop, London

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

16. Mar 2015
State Aid Blog

Relief from Pension Contributions and Reduction of Taxes

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

10. Mar 2015
State Aid Blog

Non-Economic Activities

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

05. Mar 2015
State Aid Blog

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 […]

04. Mar 2015
State Aid Blog

Court’s Diary – March 2015

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

02. Mar 2015
State Aid Blog

A New but Dubious Concept of Advantage [1]

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

26. Feb 2015
State Aid Blog

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 […]

24. Feb 2015
State Aid Blog

Exclusive Rights

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

18. Feb 2015
State Aid Blog

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. […]

16. Feb 2015
State Aid Blog

State aid to football clubs in Croatia?

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

13. Feb 2015
State Aid Blog

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 […]

10. Feb 2015
State Aid Blog

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 […]

09. Feb 2015
State Aid Blog

Restructuring and the Market Economy Investor Principle

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

03. Feb 2015
State Aid Blog
27. Jan 2015
State Aid Blog

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 […]

26. Jan 2015
State Aid Blog

Non-Commercial Public Infrastructure: Another Judgment, More Questions

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

22. Jan 2015
State Aid Blog

Luxembourg, Amazon, and the State aid connection

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

19. Jan 2015
State Aid Blog

Use of Publicly-Funded Infrastructure without State Aid

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

16. Jan 2015
State Aid Blog

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 […]

12. Jan 2015
State Aid Blog

“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 […]

09. Jan 2015
State Aid Blog

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 […]

05. Jan 2015
State Aid Blog

Tax Measures with Specific Objectives Can still Be General

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

05. Jan 2015
State Aid Blog

State aid in 2015 – Court’s diary and events

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

29. Dec 2014
State Aid Blog

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 […]

23. Dec 2014
State Aid Blog

Two Europes and a single SAM

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

23. Dec 2014
State Aid Blog

An Important Project of Common European Interest

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

15. Dec 2014
State Aid Blog

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 […]

09. Dec 2014
State Aid Blog

A Surprising Interpretation of the Concept of Selectivity

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

05. Dec 2014
State Aid Blog

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 […]

01. Dec 2014
State Aid Blog

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 […]

28. Nov 2014
State Aid Blog

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 […]

28. Nov 2014
State Aid Blog

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 […]

28. Nov 2014
State Aid Blog

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 […]

27. Nov 2014
State Aid Blog

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 […]

24. Nov 2014
State Aid Blog

Land Transactions: Commercial Deals v Regulatory Acts

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

18. Nov 2014
State Aid Blog

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 […]

11. Nov 2014
State Aid Blog

Reduction of Property Taxes and Electricity Tariffs

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

02. Nov 2014
State Aid Blog

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 […]

27. Oct 2014
State Aid Blog

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 […]

20. Oct 2014
State Aid Blog
13. Oct 2014
State Aid Blog

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 […]

06. Oct 2014
State Aid Blog

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 […]

30. Sep 2014
State Aid Blog

The Jurisdictional Side of Selectivity

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

23. Sep 2014
State Aid Blog

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 […]

16. Sep 2014
State Aid Blog
09. Sep 2014
State Aid Blog

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 […]

02. Sep 2014
State Aid Blog

Compensatory Payments Can be State Aid

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

26. Aug 2014
State Aid Blog

Levying Taxes to Fund Public Broadcasters

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

19. Aug 2014
State Aid Blog
12. Aug 2014
State Aid Blog

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 […]

04. Aug 2014
State Aid Blog

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 […]

29. Jul 2014
State Aid Blog

Benchmarks of Profitability for Private Investors

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

22. Jul 2014
State Aid Blog

Sale of Public Assets, SGEI and Electricity Levies

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

16. Jul 2014
State Aid Blog

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 […]

10. Jul 2014
State Aid Blog

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 […]

03. Jul 2014
State Aid Blog

Land Development without State Aid

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

25. Jun 2014
State Aid Blog

Transparency Is also Needed at the European Commission Level

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

19. Jun 2014
State Aid Blog

A JESSICA-Funded Public-Private Partnership

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

12. Jun 2014
State Aid Blog

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 […]

04. Jun 2014
State Aid Blog

The Cost of not Recovering Incompatible Aid

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

30. May 2014
State Aid Blog

The Importance of Precise Definition of Public Service Obligations

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

20. May 2014
State Aid Blog

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 […]

13. May 2014
State Aid Blog

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 […]

02. May 2014
State Aid Blog

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 […]

25. Apr 2014
State Aid Blog

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 […]

22. Apr 2014
State Aid Blog

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 […]

14. Apr 2014
State Aid Blog

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 […]

04. Apr 2014
State Aid Blog

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 […]

28. Mar 2014
State Aid Blog

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 […]

21. Mar 2014
State Aid Blog

Public Funding of Projects that Encounter Financial Problems

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

14. Mar 2014
State Aid Blog

SMEs Linked through Natural Persons

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

06. Mar 2014
State Aid Blog

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 […]

28. Feb 2014
State Aid Blog

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, […]

21. Feb 2014
State Aid Blog

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 […]

14. Feb 2014
State Aid Blog

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 […]

04. Feb 2014
State Aid Blog

Guidelines on State Aid to Promote Risk Finance Investments

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

28. Jan 2014
State Aid Blog

Services of General Economic Interest and Horse Racing

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

21. Jan 2014
State Aid Blog

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 […]

10. Jan 2014
State Aid Blog

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 […]

02. Jan 2014
State Aid Blog

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 […]

20. Dec 2013
State Aid Blog

Economically Rational Environmental Aid

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

12. Dec 2013
State Aid Blog

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 […]

06. Dec 2013
State Aid Blog

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 […]

29. Nov 2013
State Aid Blog

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, […]

22. Nov 2013
State Aid Blog

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 […]

15. Nov 2013
State Aid Blog

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 […]

08. Nov 2013
State Aid Blog

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 […]

31. Oct 2013
State Aid Blog

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 […]

18. Oct 2013
State Aid Blog

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 […]

04. Oct 2013
State Aid Blog

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 […]

26. Sep 2013
State Aid Blog

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 […]

14. Sep 2013
State Aid Blog

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 […]

02. Sep 2013
State Aid Blog

Altmark and Public Procurement: Definition and Award of Contracts

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

23. Aug 2013
State Aid Blog

Selectivity and Administrative Discretion

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

15. Aug 2013
State Aid Blog

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 […]

14. Jul 2013
State Aid Blog

The Flexible Boundary between Economic and Non-economic Activities

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

05. Jul 2013
State Aid Blog

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 […]

27. Jun 2013
State Aid Blog

Public Support without State Aid

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

20. Jun 2013
State Aid Blog

PuState Resources and Payments between Undertakings

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

09. Jun 2013
State Aid Blog

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. […]

08. Jun 2013
State Aid Blog

Public Funding of Stadiums and Arenas

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

03. Jun 2013
State Aid Blog

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, […]

26. May 2013
State Aid Blog

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. […]

20. May 2013
State Aid Blog

Restrictions on Sale of Land and Social Housing

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

09. May 2013
State Aid Blog

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 […]

01. May 2013
State Aid Blog

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 […]

21. Apr 2013
State Aid Blog

Ex Post Evaluation of State Aid: A New Instrument

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

12. Apr 2013
State Aid Blog

Objectively Justified Pricing: The Market Economy Operator Principle

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

07. Apr 2013
State Aid Blog

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 […]

30. Mar 2013
State Aid Blog

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 […]

25. Mar 2013
State Aid Blog

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 […]

16. Mar 2013
State Aid Blog

Loans, Guarantees and Credit Worthiness

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

08. Mar 2013
State Aid Blog

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 […]

01. Mar 2013
State Aid Blog

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 […]

19. Feb 2013
State Aid Blog

Blog Intro

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

18. Feb 2013
State Aid Blog

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 […]

11. Oct 0213
State Aid Blog

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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