Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
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.
Guest State Aid Blog ×
8. October 2024 |
State Aid Uncovered
by Phedon Nicolaides
2. January 2024 |
State Aid Uncovered
by Phedon Nicolaides
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
1. February 2022 |
State Aid Uncovered
by Phedon Nicolaides
The formal investigation procedure need not be re-opened when the fault lies in the legal assessment of the measure in question. Incompatible State aid has to be recovered quickly and effectively, even from insolvent undertakings. Introduction This article examines two recent judgments concerning Greece. The first judgment explains when the Commission does not have to re-open the formal investigation procedure […]
5. October 2021 |
State Aid Uncovered
by Phedon Nicolaides
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
11. August 2020 |
State Aid Uncovered
by Phedon Nicolaides
The opening of a formal investigation obliges Member States to suspend implementation of their State aid measures. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 7 August 2020: 241* Legal basis: Article 107(2)(b): 25; Article 107(3)(b): 203; Article 107(3)(c): 18 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Denmark, Italy & […]
Guest State Aid Blog ×
8. October 2024 |
State Aid Uncovered
by Phedon Nicolaides
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
2. January 2024 |
State Aid Uncovered
by Phedon Nicolaides
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
1. February 2022 |
State Aid Uncovered
by Phedon Nicolaides
The formal investigation procedure need not be re-opened when the fault lies in the legal assessment of the measure in question. Incompatible State aid has to be recovered quickly and effectively, even from insolvent undertakings. Introduction This article examines two recent judgments concerning Greece. The first judgment explains when the Commission does not have to re-open the formal investigation procedure […]
5. October 2021 |
State Aid Uncovered
by Phedon Nicolaides
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
11. August 2020 |
State Aid Uncovered
by Phedon Nicolaides
The opening of a formal investigation obliges Member States to suspend implementation of their State aid measures. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 7 August 2020: 241* Legal basis: Article 107(2)(b): 25; Article 107(3)(b): 203; Article 107(3)(c): 18 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Denmark, Italy & […]
Guest State Aid Blog ×
8. October 2024 |
State Aid Uncovered
by Phedon Nicolaides
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
2. January 2024 |
State Aid Uncovered
by Phedon Nicolaides
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
1. February 2022 |
State Aid Uncovered
by Phedon Nicolaides
The formal investigation procedure need not be re-opened when the fault lies in the legal assessment of the measure in question. Incompatible State aid has to be recovered quickly and effectively, even from insolvent undertakings. Introduction This article examines two recent judgments concerning Greece. The first judgment explains when the Commission does not have to re-open the formal investigation procedure […]
5. October 2021 |
State Aid Uncovered
by Phedon Nicolaides
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
11. August 2020 |
State Aid Uncovered
by Phedon Nicolaides
The opening of a formal investigation obliges Member States to suspend implementation of their State aid measures. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 7 August 2020: 241* Legal basis: Article 107(2)(b): 25; Article 107(3)(b): 203; Article 107(3)(c): 18 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Denmark, Italy & […]