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.

- Private Creditor ×

20. March 2018 | State Aid Uncovered by Phedon Nicolaides

Private Creditor v Private Investor

State Aid Blogs - m 4

A private investor never agrees to an unprofitable transaction while a private creditor may agree to a loss in order to avoid a bigger loss from non-recovery of debt owed to it. A public authority acting as a private operator must disregard any losses it may incur from State aid it granted in the past. Introduction A question […]

1 Comment

15. November 2016 | State Aid Uncovered by Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

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5. October 2015 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]

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- Private Creditor ×

20. March 2018 | State Aid Uncovered by Phedon Nicolaides

Private Creditor v Private Investor

State Aid Blogs - m 4

A private investor never agrees to an unprofitable transaction while a private creditor may agree to a loss in order to avoid a bigger loss from non-recovery of debt owed to it. A public authority acting as a private operator must disregard any losses it may incur from State aid it granted in the past. Introduction A question […]

1 Comment

15. November 2016 | State Aid Uncovered by Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

No Comments

5. October 2015 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]

No Comments

- Private Creditor ×

20. March 2018 | State Aid Uncovered by Phedon Nicolaides

Private Creditor v Private Investor

State Aid Blogs - m 4

A private investor never agrees to an unprofitable transaction while a private creditor may agree to a loss in order to avoid a bigger loss from non-recovery of debt owed to it. A public authority acting as a private operator must disregard any losses it may incur from State aid it granted in the past. Introduction A question […]

1 Comment

15. November 2016 | State Aid Uncovered by Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

No Comments

5. October 2015 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]

No Comments

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