State Aid Law Blog

State Aid Uncovered Blog

In Lexxion’s State Aid Uncovered blog, Prof. Phedon Nicolaides publishes weekly critical analyses of recent State aid judgments and decisions. Each post presents the key points of a court judgment or EU Commission decision, places it in the context of similar case law or practice, assesses the underlying reasoning and highlights any inconsistencies or contradictions.

Guest contributions from other State aid experts will also be published on the blog at irregular intervals to complement the content of the blog posts.

Subscribe now!

discrimination ×

9. January 2024 | State Aid Uncovered by Phedon Nicolaides

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid

State Aid Blogs - State Aid Uncovered photos

Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid that it finds to be incompatible with the internal market. However, it may not order recovery of illegal aid – i.e. non-notified aid – until it assesses its compatibility with the internal market. By contrast, national courts have no competence to assess the compatibility of […]

No Comments

24. January 2023 | State Aid Uncovered by Phedon Nicolaides

State Resources Include all the Resources that Can be Directed by the State for its own Purposes

State Aid Blogs - State Aid Uncovered SM posts 40

Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija.[1] A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) TFEU, Article 108(3) TFEU, Regulation 1407/2013 on de minimis aid and of the procedural Regulation 2015/1589. The […]

No Comments

17. March 2020 | State Aid Uncovered by Phedon Nicolaides

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 equal treatment. Introduction Recent cases involving “turnover” taxes have sparked a debate in the literature and on the conference circuit not only because they raise novel issues but also because of their implications for other taxes which are being mooted by European governments. As Advocate-General […]

No Comments

1. October 2019 | State Aid Uncovered by Phedon Nicolaides

Enforcement of State Aid Rules by National Courts

Private enforcement has increased, but damages for illegal granting of State aid have been successfully claimed in just one case. Introduction According to the annual competition report that was published in July, Member States use the GBER to implement 96% of their new aid measures.[1] This impressive outcome should be seen in conjunction with the recent rulings of the Court […]

3 Comments

27. February 2019 | State Aid Uncovered by Phedon Nicolaides

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid

State Aid Blogs - StateAidHub blogpost8 Maritim Ferry Port StateAid Lexxion

State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state. Introduction A […]

No Comments

12. February 2019 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Is not Static

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time. Introduction When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]

No Comments

20. December 2016 | State Aid Uncovered by Phedon Nicolaides

Existing v New Aid and Role of National Courts

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

No Comments

11. October 2016 | State Aid Uncovered by Phedon Nicolaides

Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts

State Aid Blogs - SAH blog48 Montessori Lexxion

This article reviews three judgments that were all rendered on 15 September 2016. The first two concern the concept of economic activity. The third is about the rights of national courts to consider the correctness of Commission decisions. The Court of Justice has said clearly that national courts may not question Commission decisions. Economic activity The first two cases […]

No Comments

8. December 2015 | State Aid Uncovered by Phedon Nicolaides

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

Aid that pre-exists the entry of a Member State into the EU is “existing” and does not have to be recovered. VAT exemptions authorised by the EU are not State aid. National courts must disregard national legal provisions that prevent them from acting against illegal aid. Introduction This article examines a variety of issues: when State aid is existing […]

No Comments

21. February 2014 | State Aid Uncovered by Phedon Nicolaides

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 laid down certain obligations for national courts whenever they are petitioned to suspend and even recover aid that happens to be at the same time under investigation by the Commission. In this article I review the judgment of the Court of Justice of 13 February […]

No Comments

discrimination ×

9. January 2024 | State Aid Uncovered by Phedon Nicolaides

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

No Comments

21. February 2014 | State Aid Uncovered by Phedon Nicolaides

The Role of National Courts in Recovery of Incompatible State Aid

No Comments

discrimination ×

9. January 2024 | State Aid Uncovered by Phedon Nicolaides

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

No Comments

21. February 2014 | State Aid Uncovered by Phedon Nicolaides

The Role of National Courts in Recovery of Incompatible State Aid

No Comments

Submit your guest blog post

State Aid Uncovered Blog

discrimination ×

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid

State Resources Include all the Resources that Can be Directed by the State for its own Purposes

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

Enforcement of State Aid Rules by National Courts

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid

Pari Passu Is not Static

Existing v New Aid and Role of National Courts

Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

The Role of National Courts in Recovery of Incompatible State Aid

discrimination ×

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid

State Resources Include all the Resources that Can be Directed by the State for its own Purposes

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

Enforcement of State Aid Rules by National Courts

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid

Pari Passu Is not Static

Existing v New Aid and Role of National Courts

Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

The Role of National Courts in Recovery of Incompatible State Aid

discrimination ×

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid

State Resources Include all the Resources that Can be Directed by the State for its own Purposes

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

Enforcement of State Aid Rules by National Courts

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid

Pari Passu Is not Static

Existing v New Aid and Role of National Courts

Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts

i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid

The Role of National Courts in Recovery of Incompatible State Aid

Categories

Tags

Recent Posts

Recent Comments