Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
State Aid Law
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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.
T 398/21 ×
22. July 2025 |
State Aid Uncovered
by Phedon Nicolaides
7. November 2023 |
State Aid Uncovered
by Phedon Nicolaides
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
T 398/21 ×
22. July 2025 |
State Aid Uncovered
by Phedon Nicolaides
Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
7. November 2023 |
State Aid Uncovered
by Phedon Nicolaides
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]
T 398/21 ×
22. July 2025 |
State Aid Uncovered
by Phedon Nicolaides
Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
7. November 2023 |
State Aid Uncovered
by Phedon Nicolaides
Introduction The application of the concept of selectivity to tax measures requires a comparison of undertakings or activities that are in a similar factual or legal situation. A tax measure that differentiates between similar undertakings or activities is selective in the meaning of Article 107(1) TFEU, unless the differentiation can be justified on objective reasons. It follows that the proper […]