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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- Export Aid ×

13. March 2018  |   State Aid Uncovered by Phedon Nicolaides

What Is and What Is not Export Aid
State Aid Blogs - 13.03. Trade StateAid deminimis
The prohibition of export aid prevents distortions in the internal market. Therefore, it cannot be considered as restricting intra-EU trade. Aid is classified as export aid only if it has a direct impact on exports. The incidental and indirect effect on exports of investment aid is not sufficient to categorise it as export aid.   Introduction On 28 February 2018, […]
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24. January 2017  |   by Phedon Nicolaides

Selectivity Stretched
State Aid Blogs - m 34
Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]
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24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction   […]
read more
No Comments

- Export Aid ×

13. March 2018  |   State Aid Uncovered by Phedon Nicolaides

What Is and What Is not Export Aid
State Aid Blogs - 13.03. Trade StateAid deminimis
The prohibition of export aid prevents distortions in the internal market. Therefore, it cannot be considered as restricting intra-EU trade. Aid is classified as export aid only if it has a direct impact on exports. The incidental and indirect effect on exports of investment aid is not sufficient to categorise it as export aid.   Introduction On 28 February 2018, […]
read more
No Comments
24. January 2017  |   by Phedon Nicolaides

Selectivity Stretched
State Aid Blogs - m 34
Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]
read more
No Comments
24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction   […]
read more
No Comments

- Export Aid ×

13. March 2018  |   State Aid Uncovered by Phedon Nicolaides

What Is and What Is not Export Aid
State Aid Blogs - 13.03. Trade StateAid deminimis
The prohibition of export aid prevents distortions in the internal market. Therefore, it cannot be considered as restricting intra-EU trade. Aid is classified as export aid only if it has a direct impact on exports. The incidental and indirect effect on exports of investment aid is not sufficient to categorise it as export aid.   Introduction On 28 February 2018, […]
read more
No Comments
24. January 2017  |   by Phedon Nicolaides

Selectivity Stretched
State Aid Blogs - m 34
Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, Commission v World Duty Free Group [formerly Autogrill España] and Commission v Banco Santander, respectively.[1] The Commission appealed […]
read more
No Comments
24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction   […]
read more
No Comments

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