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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- Agriculture ×

2. September 2026  |   by Phedon Nicolaides

Compensation for Withdrawing Agricultural Land from Production 
State Aid Blogs - damaged agricultural land State Aid Uncovered photos website
Executive Summary:  Compensation to undertakings that is not available under normal market conditions confers an advantage in the meaning of Article 107(1) TFEU.  Compensation for damage caused by public authorities which bear liable under the general rules of liability in each Member State does not constitute state aid.  Compensation can cover both loss of property and loss of income.    […]
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16. June 2026  |   by Phedon Nicolaides

State Aid to Incentivise Cattle Farmers to Reduce their Herds
State Aid Blogs - renewable energy State Aid Uncovered photos website 1
Executive Summary: State aid that incentivises the cessation of economic activities can be compatible with the internal market. State aid that compensates for the loss of income and cancellation of pollution rights can be compatible with the internal market. Eligible costs may also include the expenses incurred in applying for state aid   Table of Contents:  Introduction Budget Beneficiaries Form […]
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18. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
green field
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday 17th March (not available in English at the time of posting). In his 80 paragraph Opinion the AG proposed that the CJEU reply to the preliminary reference question from the German Bundesgerichtshof as follows:Article 107 TFEU should be interpreted to mean that a rule of […]
read more
No Comments
15. December 2014  |   State Aid Uncovered by Phedon Nicolaides

Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
State Aid Blogs - Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
When a public entity injects fresh capital in a company in which it is already a shareholder, the new capital does not constitute State aid when it satisfies three conditions: i) all shareholders contribute in proportion to the shares they own, ii) the private participation is simultaneous and iii) the private participation is economically significant. Introduction   In this article […]
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No Comments
2. September 2014  |   State Aid Uncovered by Phedon Nicolaides

Compensatory Payments Can be State Aid
Tractor on a field
Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is partially or wholly funded by private resources. It is sufficient that the resources come under state control. A measure is […]
read more
No Comments

- Agriculture ×

2. September 2026  |   by Phedon Nicolaides

Compensation for Withdrawing Agricultural Land from Production 
State Aid Blogs - damaged agricultural land State Aid Uncovered photos website
Executive Summary:  Compensation to undertakings that is not available under normal market conditions confers an advantage in the meaning of Article 107(1) TFEU.  Compensation for damage caused by public authorities which bear liable under the general rules of liability in each Member State does not constitute state aid.  Compensation can cover both loss of property and loss of income.    […]
read more
No Comments
16. June 2026  |   by Phedon Nicolaides

State Aid to Incentivise Cattle Farmers to Reduce their Herds
State Aid Blogs - renewable energy State Aid Uncovered photos website 1
Executive Summary: State aid that incentivises the cessation of economic activities can be compatible with the internal market. State aid that compensates for the loss of income and cancellation of pollution rights can be compatible with the internal market. Eligible costs may also include the expenses incurred in applying for state aid   Table of Contents:  Introduction Budget Beneficiaries Form […]
read more
No Comments
18. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
green field
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday 17th March (not available in English at the time of posting). In his 80 paragraph Opinion the AG proposed that the CJEU reply to the preliminary reference question from the German Bundesgerichtshof as follows:Article 107 TFEU should be interpreted to mean that a rule of […]
read more
No Comments
15. December 2014  |   State Aid Uncovered by Phedon Nicolaides

Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
State Aid Blogs - Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
When a public entity injects fresh capital in a company in which it is already a shareholder, the new capital does not constitute State aid when it satisfies three conditions: i) all shareholders contribute in proportion to the shares they own, ii) the private participation is simultaneous and iii) the private participation is economically significant. Introduction   In this article […]
read more
No Comments
2. September 2014  |   State Aid Uncovered by Phedon Nicolaides

Compensatory Payments Can be State Aid
Tractor on a field
Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is partially or wholly funded by private resources. It is sufficient that the resources come under state control. A measure is […]
read more
No Comments

- Agriculture ×

2. September 2026  |   by Phedon Nicolaides

Compensation for Withdrawing Agricultural Land from Production 
State Aid Blogs - damaged agricultural land State Aid Uncovered photos website
Executive Summary:  Compensation to undertakings that is not available under normal market conditions confers an advantage in the meaning of Article 107(1) TFEU.  Compensation for damage caused by public authorities which bear liable under the general rules of liability in each Member State does not constitute state aid.  Compensation can cover both loss of property and loss of income.    […]
read more
No Comments
16. June 2026  |   by Phedon Nicolaides

State Aid to Incentivise Cattle Farmers to Reduce their Herds
State Aid Blogs - renewable energy State Aid Uncovered photos website 1
Executive Summary: State aid that incentivises the cessation of economic activities can be compatible with the internal market. State aid that compensates for the loss of income and cancellation of pollution rights can be compatible with the internal market. Eligible costs may also include the expenses incurred in applying for state aid   Table of Contents:  Introduction Budget Beneficiaries Form […]
read more
No Comments
18. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
green field
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday 17th March (not available in English at the time of posting). In his 80 paragraph Opinion the AG proposed that the CJEU reply to the preliminary reference question from the German Bundesgerichtshof as follows:Article 107 TFEU should be interpreted to mean that a rule of […]
read more
No Comments
15. December 2014  |   State Aid Uncovered by Phedon Nicolaides

Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
State Aid Blogs - Application of the Market Economy Investor Principle to a Company Processing Agricultural Products
When a public entity injects fresh capital in a company in which it is already a shareholder, the new capital does not constitute State aid when it satisfies three conditions: i) all shareholders contribute in proportion to the shares they own, ii) the private participation is simultaneous and iii) the private participation is economically significant. Introduction   In this article […]
read more
No Comments
2. September 2014  |   State Aid Uncovered by Phedon Nicolaides

Compensatory Payments Can be State Aid
Tractor on a field
Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is partially or wholly funded by private resources. It is sufficient that the resources come under state control. A measure is […]
read more
No Comments

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