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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- Italy v Commission ×

6. August 2024  |   State Aid Uncovered by Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
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No Comments
9. March 2021  |   State Aid Uncovered by Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?
State Aid Blogs - StateAidHub blogpost7 Bank Italy
A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]
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No Comments
18. November 2014  |   State Aid Uncovered by Phedon Nicolaides

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
State Aid Blogs - Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]
read more
No Comments
29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
9. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
read more
No Comments

- Italy v Commission ×

6. August 2024  |   State Aid Uncovered by Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
read more
No Comments
9. March 2021  |   State Aid Uncovered by Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?
State Aid Blogs - StateAidHub blogpost7 Bank Italy
A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]
read more
No Comments
18. November 2014  |   State Aid Uncovered by Phedon Nicolaides

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
State Aid Blogs - Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]
read more
No Comments
29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
9. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
read more
No Comments

- Italy v Commission ×

6. August 2024  |   State Aid Uncovered by Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
read more
No Comments
9. March 2021  |   State Aid Uncovered by Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?
State Aid Blogs - StateAidHub blogpost7 Bank Italy
A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]
read more
No Comments
18. November 2014  |   State Aid Uncovered by Phedon Nicolaides

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
State Aid Blogs - Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]
read more
No Comments
29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
9. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?
businessman with a mask
The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]
read more
No Comments

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