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.

- cross-border trade ×

13. August 2019 | State Aid Uncovered by Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

State Aid Blogs - StateAidHub blogpost33 trade

An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]

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23. November 2016 | State Aid Uncovered by Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

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15. June 2015 | State Aid Uncovered by Phedon Nicolaides

Germany Scores a Hat-trick of Non-Aid Measures!

State Aid Blogs - StateAidHub blogpost33 trade

At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were thought not capable of affecting trade is very exceptional. Perhaps the Commission is trying to signal to […]

No Comments

- cross-border trade ×

13. August 2019 | State Aid Uncovered by Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

State Aid Blogs - StateAidHub blogpost33 trade

An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]

No Comments

23. November 2016 | State Aid Uncovered by Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

No Comments

15. June 2015 | State Aid Uncovered by Phedon Nicolaides

Germany Scores a Hat-trick of Non-Aid Measures!

State Aid Blogs - StateAidHub blogpost33 trade

At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were thought not capable of affecting trade is very exceptional. Perhaps the Commission is trying to signal to […]

No Comments

- cross-border trade ×

13. August 2019 | State Aid Uncovered by Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

State Aid Blogs - StateAidHub blogpost33 trade

An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]

No Comments

23. November 2016 | State Aid Uncovered by Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

No Comments

15. June 2015 | State Aid Uncovered by Phedon Nicolaides

Germany Scores a Hat-trick of Non-Aid Measures!

State Aid Blogs - StateAidHub blogpost33 trade

At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were thought not capable of affecting trade is very exceptional. Perhaps the Commission is trying to signal to […]

No Comments

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