• Publication frequency quarterly
  • approx. 100 pages
  • ISSN 1619-5272
  • Language: English

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 on the recent Apple ruling sets the scene for the entire issue. How far do State aid rules stretch nowadays and where should the limits lie? The Articles section explores that theme and beyond: the compatibility of turnover-based progressive taxes with State aid law; the flexible application of State aid rules during the COVID-19 crisis and the risks of overdoing that flexibility; the suitability of the EEAG as an instrument to achieve the objectives of the European Green Deal; a critical look at the Swedish aviation tax and its (potentially) problematic fit with State aid rules; the Commission’s decisional practice on State aid to railway companies for transport coordination; the effectiveness of typical antitrust tools for collection of information when applied to States; and the complex interplay of taxation, State aid rules and arbitral courts set in motion by the Micula saga.

This issue’s News from the Member States updates you on the latest from:


Read the in-depth case notes analysing recent State aid judgments by the CJEU and the General Court:



View all articles of EStAL 3/20 here.

Become an EStAL author! View our Call for Papers

About EStAL

The European State Aid Law Quarterly (EStAL) was launched in 2002 as the first pan-European journal dedicated solely to State aid law and policy. Over the last 15 years, the journal has been known for closely monitoring the reforms, changes and overall developments in the world of State aid and subsidies in the EU, becoming the primary point of reference for policy-makers, practitioners and academics.

Aims & Scope

EStAL has developed into the most prominent platform to exchange expertise on European State aid law, economics and policy. Our high standards of publication have helped to establish a significant European State aid expert community including academics, policy-makers and practitioners.

EStAL covers all areas pertaining to EU State aid and subsidies, among others:

To guarantee EStAL’s high-quality standards, all submissions are required to conform to our Author Guidelines.

EStAL’s Target Audience

EStAL’s philosophy is to serve as an inclusive forum for dialogue and reflection reserved for all academics, officials from European and national institutions and private practitioners dealing with European State aid law and policy. We apply this philosophy in the composition of the Editorial Board and choice of country correspondents, which is reflected as well in the diversity of contributing authors and EStAL’s readership.

Abstracted & Indexed in

The journal is often cited in procedures before the Court of Justice of the European Union. See for example:


Managing Editors

Caroline Buts, Vrije Universiteit Brussels, Belgium
José Luis Buendía Sierra, Garrigues, Brussels, Belgium

Editorial Board

Josef Azizi, Former Judge at the General Court of the European Union, Luxembourg, Luxembourg
Andreas Bartosch, Bartosch EU – Law, Brussels, Belgium
Andrea Biondi, King’s College London, London, United Kingdom
Rose D’Sa, European Economic and Social Committee, Brussels, Belgium
Leo Flynn, European Commission, Brussels, Belgium
Leigh Hancher, Tilburg University, European University Institute, Amsterdam, The Netherlands
Michael Honoré, Michael Honoré Law, Copenhagen, Denmark
Thomas Jaeger, University of Vienna, Austria
Christian Koenig, Center for European Integration Studies, Bonn, Germany
Koen Lenaerts, Court of Justice of the European Union, Luxembourg, Luxembourg
Arjen Meij, Former Judge at the General Court of the European Union, Luxembourg, Luxembourg
Phedon Nicolaides, College of Europe, Bruges, Belgium and Maastricht University, Maastricht, The Netherlands
Michael Schütte, Schütte Law, Brussels, Belgium
Adinda Sinnaeve, European Commission, Brussels, Belgium
Vincent Verouden, E.CA Economics, Brussels, Belgium

Associate Editor

Małgorzata Cyndecka, University of Bergen, Norway

Book Reviews Editor

Udo Woll, Deutsche Bahn, Berlin, Germany

Executive Editor

Caio Weber Abramo, Lexxion Publisher, Berlin, Germany

Country Correspondents

Austria Birgit Haslinger, Johannes Kepler University, Linz
Belgium Wout De Cock, Vrije Universiteit Brussels, Brussels
Bulgaria Ilko Stoyanov, Schoenherr, Sofia
Czech Republic Ivo Janda, White & Case LLP, Prague
Croatia Marijana Liszt, Liszt & Partners, Zagreb
Cyprus Michalis Kamperis, Ierotheou, Kamperis & Co. LLC, Nicosia
Denmark Michael Honoré, Michael Honoré Law, Copenhagen
EFTA States and EFTA Community Maria J. Segura and Marianne Clayton, Clayton & Segura, Brussels
Estonia, Latvia Daiga Lagzdina, Ardenis Ltd., Riga
Finland Ilkka Aalto-Setälä, Partner at Borenius Attorneys Ltd, Helsinki
France Nicole Coutrelis, Coutrelis & Associes, Paris
Germany Benjamin Linke, Deutsche Bahn, Berlin
Greece Antonis Metaxas, Metaxas & Associates, Athens
Hungary Anikó Keller, Szecskay, Budapest
Italy Sara Gobbato, CRCLEX, Milan-Padua
Lithuania Jūratė Šovienė, Competition Council of the Republic of Lithuana, Vilnius
Luxembourg Philippe-Emmanuel Partsch, Arendt & Medernach, Luxembourg
Malta Yana Haber, Ministry of Finance, Floriana
Poland Przemyslaw Kamil Rosiak, KPMG, Warsaw
Portugal Philipp Melcher, MLGTS & Associados, Lisboa
Romania Anca Jurcovan, Tuca Zbarcea & Asociatii, Bucharest
Slovakia Peter Hodál, White & Case LLP, Bratislava
Slovenia Matej Kavčič, Kavčič, Rogl & Bračun, Ljubljana
Spain Juan Jorge Piernas López, University of Murcia
Sweden Pamela Hansson, Kastell Advokatbyrå AB, Stockholm
The Netherlands Emma Besselink, Allen & Overy LLP, Amsterdam
United Kingdom George Peretz, Monckton Chambers, London


Latest Articles

Issue Article
3/2020 Progressive Turnover Taxes under the Prism of the State Aid Rules:Effective Tools to Tax High Financial Capacity or Inconsistent Tax Design Granting Selective Advantages?
3/2020 How Flexible Should State Aid Control Be in Times of Crisis?
3/2020 The European Green Deal and State Aid:The Guidelines on State Aid for Environmental Protection and Energy Towards the Future
3/2020 The Swedish Aviation Tax:Some Initial Comments from a State Aid Perspective
3/2020 Commission’s Decisional Practice on State Aid to Railway Companies for Transport Coordination
3/2020 Does a ‘Copy-Paste’ of the Antitrust Toolbox for Information Collection Work When Regulating States, and Not Undertakings?
3/2020 Taxation, State Aid Rules and Arbitral Courts:A BIT of a Mess in the Micula Saga
2/2020 Learnings from the Commission’s Initial State Aid Response to the COVID-19 Outbreak
2/2020 To Aid and How to Aid:  Policy Options to Preserve Markets
2/2020 State Aid Tools to Tackle the Impact of COVID-19: What Is the Role of Economic and Financial Analysis?
2/2020 How to Estimate the COVID-19 Damages? Economic Considerations for State Aid During a Time of Crisis
2/2020 The SURE Initiative, Short-time Work Compensation, and State Aid
2/2020 ICSID Trumps State Aid in the UK but Uncertainty Remains Regarding Enforcement of New York Convention Awards in post-Brexit UK
2/2020 Legal Status and Legal Effects of the Commission’s State Aid Guidelines: The Case of the Guidelines on State Aid for Environmental Protection and Energy (EEAG) (2014-2020)
1/2020 State Aid Versus COVID-19
1/2020 Modern Approaches to State Aid: Ukraine
1/2020 When Do Funds Become State Resources. The Notion of Aid in View of the Recent EEG and Achema Judgments
1/2020 The Corona Virus Can Infect Banks Too. The Applicability of the EU Banking and State Aid Regimes
4/2019 Assessing the Standard of Proof in Fiscal State Aid. Red Card to the Commission
4/2019 The Development of the Burden of Proof in MEOP Cases
4/2019 The Role of Presumptions and the Burden of Proof in Recent State Aid Cases – Some Reflections
4/2019 Puzzles of the State Aid Rules on RDI
4/2019 Special Charges, Free Movement and State Aid. The Negative State Aid Approach
4/2019 ‘State’ Aid or Not – This Is the Question
3/2019 Multi-rate Turnover Taxes and State Aid
3/2019 The National Transparency Registers in Action

Cases for Annotation

We invite expert authors to submit annotations on major State aid cases from the CJEU. Only authors who contact us in advance will be reserved a case. Send an email to the Executive Editor Caio Weber Abramo at weber-abramo@lexxion.eu.

After a case has been agreed upon and the annotation is ready for review, submission of the manuscript should also be made exclusively through Scholastica (not by email).

We are currently seeking notes on the following judgments:

Case Number Case Name/Parties
T-578/17 Jugendherberge Berlin
T-121/15 Fortischem
T-386/14 RENV FIH Holding
T-119/07 and T-207/07 Italy and Euroallumina v Commission

This list is updated frequently. Feel free to propose annotations on other cases of relevance as well.

National Cases and SA Decisions

EStAL also accepts annotations on relevant cases from national jurisdictions, and Commission Decisions on State aid measures.

Suitable national cases are those that, for example: may have a trans-national effect(esp. EU level), offer a novel or unique interpretation or application of EU rules, show a shift in jurisprudence in the particular court or country, deal with a special/rare set of circumstances etc.

Commission Decisions of interest should also present a remarkable approach by the EC, adoption of a new policy or shift from a previous one, the application of certain methods, or where the facts or beneficiaries are of particular note etc.

Contact us to discuss any of these possibilities!

6. July 2020

EStAL 2/2020 EU State Aid in Response to COVID-19

Issue 2/2020 of the European State Aid Law Quarterly (EStAL) is now available. This edition has a strong focus on the topic that has dominated the world of State aid over the past months – the COVID-19 outbreak. Articles dedicated to the theme present: what we can learn from the Commission’s initial State aid response to COVID-19, an overview of the policy options to preserve markets in light of the pandemic, the role of economic and financial analysis for the application of State aid tools used by Member States, a methodology for estimating the COVID-19 damages, and the Commission’s SURE initiative with a case study on the short-time work compensation in Germany. Beyond the corona pandemic, we feature two articles on the impact of the Micula judgment in post-Brexit UK and on the legal status and effects of the Commission’s State aid guidelines. Our News from the Member States section is again dedicated to the national response to COVID-19:   EStAL 2/2020 also brings you 7 annotations on State aid judgments by the CJEU, the General Court and the EFTA Surveillance Authority:   Last but not least, read an insightful review of the book ‘The Role of Competitors in the Enforcement of State Aid’.

  View all articles of EStAL 2/20 here. Become an EStAL author! View our Call for Papers
6. April 2020

EStAL 1/2020 – Leading the Way in Troubled Times

The sudden onslaught of COVID-19 has already made a huge impact in the world of State aid in a manner not seen since the banking crisis of 2008, and is bound to surpass it in severity. Even as we were closing this edition, the editors of the European State Aid Law Quarterly made sure that issue 1-2020 reflected this initial shock. Its Editorial and Editor’s Note reflect our concern and a call for the community to debate this problem. Alongside, a Summary of EU Measures already adopted is included. We also feature an Article on COVID-19 and Banking.

Our News from the Member States section is entirely dedicated to national responses to the pandemic. Our diligent correspondents bring you the latest COVID-19 Measures in: As the situation continues to rapidly evolve, the editors of EStAL will publish more reports online (on the StateAidHub blog) to keep you abreast of the numerous measures still in the works.

On regular business, we have a deep analysis of the Case Law on State Resources, and a detailed description of the Ukrainian Approach to State Aid. In the Opinions section, we feature a discussion on the Concept of Presumed State Aid from a political science perspective. Readers will also find in EStAL 1-2020 a book review andconference reports.

This issue further features detailed analytic Case Annotations on the following major judgments:  

  View all articles of EStAL 1/20 here.  
20. December 2019

EStAL 4/2019 – Changes on the Horizon

The final issue for 2019 of the European State Aid Law Quarterly (EStAL) is now available. The Articles section of issue 4/2019 covers a variety of topics: an analysis of the standard of proof in fiscal State aid in light of new case law, the development of the burden of proof in MEOP cases, reflections of the role of presumptions and the burden of proof in recent State aid cases, a discussion on the ambiguities in State aid rules on RDI, a closer look at the links between special charges, free movement and State aid, and an overview of the CJEU’s interpretation of the concept of ‘State resources’.

EStAL 4/2019 continues with two Opinions on the Commission’s new Recovery Notice – by Donzelli and Blockx, and a third one on the definition of SMEs. Read Case Annotations on the following important judgments: Our News from the Member States section has the latest developments in:  

  View all articles of EStAL 4/19 here.  
22. October 2019

EStAL 3/2019 – Winds of Change?

The new issue of the European State Aid Law Quarterly presents expert views on major recent topics that have been rocking the State aid community. We bring research articles on the novel problem of Turnover Taxes, in-depth analysis of National Transparency Registers in the EEA-EFTA, examine the standing of Rescue and Restructuring Aid, the emergence of an Arm’s Length Principle in EU law, and discuss the question of Public Authority or Economic Activity in relation to public infrastructures. In the Opinions section, we feature analyses of the string of Recent Judgments Annulling Commission’s Decisions, as well as State Aid Regulation After Brexit. See our new annual Review of all State Aid Jurisprudence for a comprehensive summary of the judicial activity from the CJEU in 2018, highlighting the major topics addressed by the EU Courts and the evolution of the Case law in the preceding year. This issue also brings detailed analytic Case Annotations on the following major judgments:   Our News from the Member States section has the latest developments in:  

  View all articles of EStAL 3/19 here.  
27. June 2019

EStAL 2/2019 – Surveying State Aid in Practice

This issue of the European State Aid Law Quarterly brings expert contributions from the leading minds in the field. We present an analysis of the Ten Years of State Aid to Financial Institutions, take a look at State Aid and Access to Sport and its implications to VAT, and enrich the debate over The Controversy About the Burden of Proof in MEOP Cases. In the Opinions section, we feature a proposal for the Private Enforcement of EU State Aid Law drawn from the antitrust regime. See our quarterly Summary of all State Aid Jurisprudence for a quick overview of the judicial activity from the CJEU in the first three months of 2019. This issue also brings detailed analytic Case Annotations on the following major judgments:   Our News from the Member States section has the latest developments in:  

  View all articles of EStAL 2/19 here.  
2. April 2019

EStAL1/2019 – State Aid Case Law in Evidence

The European State Aid Law Quarterly enters 2019 with fresh insights on the field and many lessons from the previous year. The ghost of Brexit is still looming, uncertain of where to haunt, and we take a look at what may happen with Brexit, the EEA and the EU State aid Rules; staple concepts are still fostering debate, as we see in the case of Engie and Selectivity, and FIH, the MEOP and Previous State Aid; plus a comprehensive analytic comparison of China’s Fair Competition Review System to EU State Aid Control. Check our expert annotations on Joined Cases T-554/15 and T-555/15 Hungary v Commission and Joined Cases C-622/16 P to C-624/16 Montessori. We also feature a note on the Commission Decision on State Aid case SA.38454 on the PAKS II nuclear power station in Hungary. Starting in this issue, EStAL will publish a quarterly Summary of all State Aid jurisprudence from the CJEU, briefly highlighting the major aspects of each judgment rendered by the Curia. We begin with a complete overview of cases from 2018. In our News from the Member States section, we report on the latest developments in Read also an account of the most important State Aid event of 2018, the European State Aid Law Institute’s traditional Autumn Conference on European State Aid Law, organized by Lexxion.  

  View all articles of EStAL 1/2019  
20. December 2018

EStAL 4/2018 – Special Issue: Ex Post Monitoring and Evaluation

The last issue of 2018 of the European State Aid Law Quarterly is dedicated to the European Commission’s follow-up of approved State aid measures, monitoring their implementation by Member States and evaluating their economic impact, as part of the State aid Modernisation reforms that begun in 2012. Our articles cover the state-of-the-art of State aid Evaluations and how they could look in the future; what changes when moving from ex ante to ex post control in the Monitoring of State aid; a detailed analysis of the Impact of State Aid on Competition; and the national Experience of the United Kingdom with State Aid Evaluation.Two enormously important cases receive expert annotations: The General Court’s ruling on Case T‑356/15 Hinkley Point C (especially important for those daunted by its 736 paragraphs!) and the Court of Justice’s Case C‑579/16 P FIH Holding.We also have the latest State aid news from:
To close off, returning to our regular sections is the Event Report on the high-level conference Economics of State aid Control: Where Law and Economics Meet, organized by Lexxion Publisher and Vrije Universiteit Brussel, in cooperation with E.CA Economics, which took place on 5 October 2018 in Brussels.

View all articles of EStAL 4/2018 here.
30. October 2018

EStAL 3/2018 – State aid Application Challenges and Questions

Despite being as old as European integration itself, State aid rules continue to prompt questions. In the newest issue of the European State Aid Law Quarterly we look at some of these challenges as they affect the Port sector, Public aid and Operating aid in the Airport sector, Selectivity in Corporate Taxation, Tax Reductions for e-publications, Tenders as an exclusion factor and considerations on the eventful FIH Judgment. Two recent CJEU cases are analysed: the difficulty of defining a reference tax system in the final chapter of Heitkamp BauHolding (C-203/16 P), and the Spanish Tax Lease System (C-128/16 P). EStAL 3/2018 also brings the latest news from:  

    View all articles of EStAL 3/2018.

Do you want to make your contribution freely available to the public?

This journal offers the option to publish open access (OA). Contributions published under the OA policy must still successfully pass peer review in accordance with the journal’s Author Guidelines (view them under the section ‘For authors’ on this website). Please contact us for the current OA fee per contribution at info@lexxion.eu.

Read a selection of the open access contributions for free here:


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EStAL 1/2020 20.03.2020 21.02.2020
EStAL 2/2020 19.06.2020 20.05.2020
EStAL 3/2020 18.09.2020 21.08.2020
EStAL 4/2020 20.11.2020 23.10.2020

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