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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Market Economy Operator Principle: The Case of FIH

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Guidelines on State Aid to Promote Risk Finance Investments

Introduction   On 15 January the Commission adopted the fourth set of guidelines for the programming period 2014-2020 [the first three were those on broadband, SGEI, and regional aid]. The latest guidelines replaced those on risk capital for SMEs. What is immediately noticeable from the title of the new guidelines is that they are not confined only to funding in […]

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants

This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]

- Risk ×

Market Economy Operator Principle: The Case of FIH

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Guidelines on State Aid to Promote Risk Finance Investments

Introduction   On 15 January the Commission adopted the fourth set of guidelines for the programming period 2014-2020 [the first three were those on broadband, SGEI, and regional aid]. The latest guidelines replaced those on risk capital for SMEs. What is immediately noticeable from the title of the new guidelines is that they are not confined only to funding in […]

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants

This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]

- Risk ×

Market Economy Operator Principle: The Case of FIH

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Guidelines on State Aid to Promote Risk Finance Investments

Introduction   On 15 January the Commission adopted the fourth set of guidelines for the programming period 2014-2020 [the first three were those on broadband, SGEI, and regional aid]. The latest guidelines replaced those on risk capital for SMEs. What is immediately noticeable from the title of the new guidelines is that they are not confined only to funding in […]

Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants

This posting examines several recent measures which do not have a single common theme. However, each measure has unusual elements which should be of interest to State aid professionals. Exceptional circumstances: Commission Decision 2013/197 on aid to Cantiere Navale De Poli (IT)[1] The measure in question concerned State aid that Italy intended to provide to shipyard Cantiere Navale De Poli […]

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