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.

Subscribe now!

- Legal standing ×

26. May 2026  |   by Phedon Nicolaides

Apparently Objective Criteria Can Still Be Selective
A commercial passenger airplane parked at an airport terminal gate, representing the Timișoara airport state aid case.
Executive Summary: To determine whether a measure is selective in the meaning of Article 107(1) TFEU, its objective must be disregarded. What matters is whether its effects differentiate between undertakings which are in a similar situation. Quantity discounts based on objective criteria are a normal business practice. If they apply to any undertaking, such discounts are not selective. However, discounts […]
read more
No Comments
17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments

- Legal standing ×

26. May 2026  |   by Phedon Nicolaides

Apparently Objective Criteria Can Still Be Selective
A commercial passenger airplane parked at an airport terminal gate, representing the Timișoara airport state aid case.
Executive Summary: To determine whether a measure is selective in the meaning of Article 107(1) TFEU, its objective must be disregarded. What matters is whether its effects differentiate between undertakings which are in a similar situation. Quantity discounts based on objective criteria are a normal business practice. If they apply to any undertaking, such discounts are not selective. However, discounts […]
read more
No Comments
17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments

- Legal standing ×

26. May 2026  |   by Phedon Nicolaides

Apparently Objective Criteria Can Still Be Selective
A commercial passenger airplane parked at an airport terminal gate, representing the Timișoara airport state aid case.
Executive Summary: To determine whether a measure is selective in the meaning of Article 107(1) TFEU, its objective must be disregarded. What matters is whether its effects differentiate between undertakings which are in a similar situation. Quantity discounts based on objective criteria are a normal business practice. If they apply to any undertaking, such discounts are not selective. However, discounts […]
read more
No Comments
17. February 2026  |   State Aid Uncovered by Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid
State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248
Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments

Subscribe to our newsletter for updates on legal developments, upcoming conferences, workshops, and publications in your areas of interest.

Newsletter: Subscribe now