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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- C-325/22 ×

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible

Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]

The Concept of Undertaking and Land Valuation

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

- C-325/22 ×

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible

Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]

The Concept of Undertaking and Land Valuation

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

- C-325/22 ×

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible

Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]

The Concept of Undertaking and Land Valuation

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

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