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.

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State Aid Uncovered ×

17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
3. February 2026  |   State Aid Uncovered by Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard
State Aid Blogs - State Aid Uncovered photos 98
• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]
read more
No Comments
27. January 2026  |   State Aid Uncovered by Phedon Nicolaides

Start of Works
State Aid Blogs - State Aid Uncovered photos 97
Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]
read more
No Comments
23. December 2025  |   State Aid Uncovered by Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise
State Aid Blogs - State Aid Uncovered photos 88
Introduction  The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid.  Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]
read more
No Comments
16. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
read more
No Comments
9. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
read more
No Comments
2. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
read more
No Comments
25. November 2025  |   State Aid Uncovered by Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
read more
No Comments
18. November 2025  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
read more
No Comments
10. November 2025  |   State Aid Uncovered by Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
read more
No Comments
Next Page »

State Aid Uncovered ×

17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
3. February 2026  |   State Aid Uncovered by Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard
State Aid Blogs - State Aid Uncovered photos 98
• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]
read more
No Comments
27. January 2026  |   State Aid Uncovered by Phedon Nicolaides

Start of Works
State Aid Blogs - State Aid Uncovered photos 97
Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]
read more
No Comments
23. December 2025  |   State Aid Uncovered by Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise
State Aid Blogs - State Aid Uncovered photos 88
Introduction  The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid.  Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]
read more
No Comments
16. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
read more
No Comments
9. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
read more
No Comments
2. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
read more
No Comments
25. November 2025  |   State Aid Uncovered by Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
read more
No Comments
18. November 2025  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
read more
No Comments
10. November 2025  |   State Aid Uncovered by Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
read more
No Comments
Next Page »

State Aid Uncovered ×

17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
3. February 2026  |   State Aid Uncovered by Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard
State Aid Blogs - State Aid Uncovered photos 98
• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]
read more
No Comments
27. January 2026  |   State Aid Uncovered by Phedon Nicolaides

Start of Works
State Aid Blogs - State Aid Uncovered photos 97
Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]
read more
No Comments
23. December 2025  |   State Aid Uncovered by Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise
State Aid Blogs - State Aid Uncovered photos 88
Introduction  The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid.  Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]
read more
No Comments
16. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
read more
No Comments
9. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
read more
No Comments
2. December 2025  |   State Aid Uncovered by Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
read more
No Comments
25. November 2025  |   State Aid Uncovered by Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
read more
No Comments
18. November 2025  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
read more
No Comments
10. November 2025  |   State Aid Uncovered by Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
read more
No Comments
Next Page »

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