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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- effect on trade ×

2. April 2024  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity
State Aid Blogs - State Aid Uncovered SM posts
Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]
read more
No Comments
6. December 2022  |   State Aid Uncovered by Phedon Nicolaides

Compliance with State Aid Guidelines
State Aid Blogs - State Aid Uncovered SM posts 10
For aid to be declared compatible with the internal market, all of the formal and substantive provisions of the relevant guidelines must be satisfied. State aid is granted the moment the right to a selective advantage is conferred, even if the actual benefit materialises at a future point in time. Introduction On 26 October 2022, the General Court reiterated, in […]
read more
No Comments
16. June 2020  |   State Aid Uncovered by Phedon Nicolaides

Direct v Indirect Advantages: The Case of Sardinian Airports
State Aid Blogs - ryanair 2798896 1920
Public funding that flows through intermediaries to third parties also counts as a state resource if the intermediaries carry out instructions by the funding authority. Temporary Framework: Number of approved covid-19 measures, as of 12 June 2020: 154* Legal basis: Article 107(2)(b): 14; Article 107(3)(b): 130; Article 107(3)(c): 14 Three recapitalisation measures have been approved [Finland, Lithuania & Poland]. The […]
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No Comments
12. December 2013  |   State Aid Uncovered by Phedon Nicolaides

Why Can the Commission Not be Consistent in its Analysis of Economic Activity and Affectation of Trade?
antique monument
Introduction If you ask a national official who deals with State aid to identify the most challenging aspects of working with State aid rules, the answer is likely to be “the concept of undertaking” and the “effect on trade”. Other aspects can also be challenging, but a national official is unlikely to agonise about the transfer of state resources, the […]
read more
No Comments
22. November 2013  |   State Aid Uncovered by Phedon Nicolaides

How Not to Determine the Effect on Trade [Infrastructure for Tourism, Czech Republic (SA.35909)]
Prague panorama
Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of the Commission which set important precedents and provide useful guidance to State aid professionals and practitioners. This article deviates from this custom. It examines a recent case where the Commission concluded that public subsidies did not constitute State aid because intra-EU trade was not affected. […]
read more
No Comments

- effect on trade ×

2. April 2024  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity
State Aid Blogs - State Aid Uncovered SM posts
Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]
read more
No Comments
6. December 2022  |   State Aid Uncovered by Phedon Nicolaides

Compliance with State Aid Guidelines
State Aid Blogs - State Aid Uncovered SM posts 10
For aid to be declared compatible with the internal market, all of the formal and substantive provisions of the relevant guidelines must be satisfied. State aid is granted the moment the right to a selective advantage is conferred, even if the actual benefit materialises at a future point in time. Introduction On 26 October 2022, the General Court reiterated, in […]
read more
No Comments
16. June 2020  |   State Aid Uncovered by Phedon Nicolaides

Direct v Indirect Advantages: The Case of Sardinian Airports
State Aid Blogs - ryanair 2798896 1920
Public funding that flows through intermediaries to third parties also counts as a state resource if the intermediaries carry out instructions by the funding authority. Temporary Framework: Number of approved covid-19 measures, as of 12 June 2020: 154* Legal basis: Article 107(2)(b): 14; Article 107(3)(b): 130; Article 107(3)(c): 14 Three recapitalisation measures have been approved [Finland, Lithuania & Poland]. The […]
read more
No Comments
12. December 2013  |   State Aid Uncovered by Phedon Nicolaides

Why Can the Commission Not be Consistent in its Analysis of Economic Activity and Affectation of Trade?
antique monument
Introduction If you ask a national official who deals with State aid to identify the most challenging aspects of working with State aid rules, the answer is likely to be “the concept of undertaking” and the “effect on trade”. Other aspects can also be challenging, but a national official is unlikely to agonise about the transfer of state resources, the […]
read more
No Comments
22. November 2013  |   State Aid Uncovered by Phedon Nicolaides

How Not to Determine the Effect on Trade [Infrastructure for Tourism, Czech Republic (SA.35909)]
Prague panorama
Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of the Commission which set important precedents and provide useful guidance to State aid professionals and practitioners. This article deviates from this custom. It examines a recent case where the Commission concluded that public subsidies did not constitute State aid because intra-EU trade was not affected. […]
read more
No Comments

- effect on trade ×

2. April 2024  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity
State Aid Blogs - State Aid Uncovered SM posts
Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]
read more
No Comments
6. December 2022  |   State Aid Uncovered by Phedon Nicolaides

Compliance with State Aid Guidelines
State Aid Blogs - State Aid Uncovered SM posts 10
For aid to be declared compatible with the internal market, all of the formal and substantive provisions of the relevant guidelines must be satisfied. State aid is granted the moment the right to a selective advantage is conferred, even if the actual benefit materialises at a future point in time. Introduction On 26 October 2022, the General Court reiterated, in […]
read more
No Comments
16. June 2020  |   State Aid Uncovered by Phedon Nicolaides

Direct v Indirect Advantages: The Case of Sardinian Airports
State Aid Blogs - ryanair 2798896 1920
Public funding that flows through intermediaries to third parties also counts as a state resource if the intermediaries carry out instructions by the funding authority. Temporary Framework: Number of approved covid-19 measures, as of 12 June 2020: 154* Legal basis: Article 107(2)(b): 14; Article 107(3)(b): 130; Article 107(3)(c): 14 Three recapitalisation measures have been approved [Finland, Lithuania & Poland]. The […]
read more
No Comments
12. December 2013  |   State Aid Uncovered by Phedon Nicolaides

Why Can the Commission Not be Consistent in its Analysis of Economic Activity and Affectation of Trade?
antique monument
Introduction If you ask a national official who deals with State aid to identify the most challenging aspects of working with State aid rules, the answer is likely to be “the concept of undertaking” and the “effect on trade”. Other aspects can also be challenging, but a national official is unlikely to agonise about the transfer of state resources, the […]
read more
No Comments
22. November 2013  |   State Aid Uncovered by Phedon Nicolaides

How Not to Determine the Effect on Trade [Infrastructure for Tourism, Czech Republic (SA.35909)]
Prague panorama
Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of the Commission which set important precedents and provide useful guidance to State aid professionals and practitioners. This article deviates from this custom. It examines a recent case where the Commission concluded that public subsidies did not constitute State aid because intra-EU trade was not affected. […]
read more
No Comments

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