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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- BVVG ×

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART II)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T‑79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART I)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T-79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land

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 […]

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

The obligation of the state to act as a private vendor   When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

- BVVG ×

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART II)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T‑79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART I)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T-79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land

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 […]

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

The obligation of the state to act as a private vendor   When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

- BVVG ×

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART II)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T‑79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

Transactions at Market Rates Can still Confer an Advantage that Constitutes State aid (PART I)

Introduction When public authorities buy goods and services for themselves, they have to pay a market price, otherwise they confer an abnormal advantage to the sellers. On 14 June 2023, the General Court, in case T-79/21, Ryanair & Airport Marketing Services v European Commission, ruled that public authorities still confer an abnormal advantage by buying good and services that they […]

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land

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 […]

An “Alternative” Method of Valuation for State-Aid-Free Sale of Public Land

The obligation of the state to act as a private vendor   When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]

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