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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- General Block Exemption Regulation ×

18. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
read more
No Comments
11. June 2020  |   Guest State Aid Blog by Erika Szyszczak

When State Aid Gets Political
State Aid Blogs - brexit 3870554 1920
We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
read more
No Comments
19. December 2017  |   State Aid Uncovered by Phedon Nicolaides

Sport and Trade
State Aid Blogs - m 2 2
State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment.   Introduction The article this week continues with the theme of affectation of trade that […]
read more
No Comments
27. September 2016  |   State Aid Uncovered by Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER
State Aid Blogs - m 16 1
In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]
read more
No Comments
16. August 2016  |   State Aid Uncovered by Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*
State Aid Blogs - m 20 1
Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal.   Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]
read more
No Comments
12. July 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid Modernisation: First Results
State Aid Blogs - m 19 1
There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”.   Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]
read more
No Comments
5. April 2016  |   State Aid Uncovered by Phedon Nicolaides

Local Infrastructure
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental.   Introduction Even since the adoption of […]
read more
No Comments
8. June 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perils of Ex Post Monitoring
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring.   Introduction One of the cornerstones of the State Aid […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans.   Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]
read more
No Comments

- General Block Exemption Regulation ×

18. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
read more
No Comments
11. June 2020  |   Guest State Aid Blog by Erika Szyszczak

When State Aid Gets Political
State Aid Blogs - brexit 3870554 1920
We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
read more
No Comments
19. December 2017  |   State Aid Uncovered by Phedon Nicolaides

Sport and Trade
State Aid Blogs - m 2 2
State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment.   Introduction The article this week continues with the theme of affectation of trade that […]
read more
No Comments
27. September 2016  |   State Aid Uncovered by Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER
State Aid Blogs - m 16 1
In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]
read more
No Comments
16. August 2016  |   State Aid Uncovered by Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*
State Aid Blogs - m 20 1
Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal.   Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]
read more
No Comments
12. July 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid Modernisation: First Results
State Aid Blogs - m 19 1
There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”.   Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]
read more
No Comments
5. April 2016  |   State Aid Uncovered by Phedon Nicolaides

Local Infrastructure
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental.   Introduction Even since the adoption of […]
read more
No Comments
8. June 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perils of Ex Post Monitoring
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring.   Introduction One of the cornerstones of the State Aid […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans.   Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]
read more
No Comments

- General Block Exemption Regulation ×

18. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
read more
No Comments
11. June 2020  |   Guest State Aid Blog by Erika Szyszczak

When State Aid Gets Political
State Aid Blogs - brexit 3870554 1920
We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
read more
No Comments
19. December 2017  |   State Aid Uncovered by Phedon Nicolaides

Sport and Trade
State Aid Blogs - m 2 2
State aid has a purely local impact when i) the beneficiaries supply goods or services to a limited area within a Member State, ii) they are unlikely to attract customers from other Member States and iii) there is no inducement for cross-border investment or establishment.   Introduction The article this week continues with the theme of affectation of trade that […]
read more
No Comments
27. September 2016  |   State Aid Uncovered by Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER
State Aid Blogs - m 16 1
In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]
read more
No Comments
16. August 2016  |   State Aid Uncovered by Phedon Nicolaides

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure*
State Aid Blogs - m 20 1
Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal.   Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz.[1] An […]
read more
No Comments
12. July 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid Modernisation: First Results
State Aid Blogs - m 19 1
There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”.   Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]
read more
No Comments
5. April 2016  |   State Aid Uncovered by Phedon Nicolaides

Local Infrastructure
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
Public funding of local infrastructure is not State aid when the responsibility for the infrastructure falls within the remit of public authorities, it is not commercially exploited, it is open to all users, it is not intended to support the needs of any particular undertaking and any benefits to any undertaking are incidental.   Introduction Even since the adoption of […]
read more
No Comments
8. June 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perils of Ex Post Monitoring
State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment
Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring.   Introduction One of the cornerstones of the State Aid […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans.   Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]
read more
No Comments

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