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.

- Regulation ×

15. April 2025 | State Aid Uncovered by Phedon Nicolaides

The Regulation v Exploitation of a State Asset

State Aid Blogs - State Aid Uncovered photos 46

Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]

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9. February 2021 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Regulator

State Aid Blogs - StateAidHub blogpost6 NL gambling

When the state acts as a regulator, it does not have to charge a licence fee that maximises its revenue. Introduction Governments can influence the allocation of resources with at least three instruments: subsidisation, taxation and regulation. All three may contain State aid; if subsidies are selective, if taxes allow for exemptions and if regulation involves charges which are not […]

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4. June 2019 | State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark

State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI

Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]

1 Comment

- Regulation ×

15. April 2025 | State Aid Uncovered by Phedon Nicolaides

The Regulation v Exploitation of a State Asset

State Aid Blogs - State Aid Uncovered photos 46

Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]

No Comments

9. February 2021 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Regulator

State Aid Blogs - StateAidHub blogpost6 NL gambling

When the state acts as a regulator, it does not have to charge a licence fee that maximises its revenue. Introduction Governments can influence the allocation of resources with at least three instruments: subsidisation, taxation and regulation. All three may contain State aid; if subsidies are selective, if taxes allow for exemptions and if regulation involves charges which are not […]

No Comments

4. June 2019 | State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark

State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI

Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]

1 Comment

- Regulation ×

15. April 2025 | State Aid Uncovered by Phedon Nicolaides

The Regulation v Exploitation of a State Asset

State Aid Blogs - State Aid Uncovered photos 46

Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]

No Comments

9. February 2021 | State Aid Uncovered by Phedon Nicolaides

The State Acting as a Regulator

State Aid Blogs - StateAidHub blogpost6 NL gambling

When the state acts as a regulator, it does not have to charge a licence fee that maximises its revenue. Introduction Governments can influence the allocation of resources with at least three instruments: subsidisation, taxation and regulation. All three may contain State aid; if subsidies are selective, if taxes allow for exemptions and if regulation involves charges which are not […]

No Comments

4. June 2019 | State Aid Uncovered by Phedon Nicolaides

Not Every Compensation Is a Compensation in the Meaning of Altmark

State Aid Blogs - StateAidHub blogpost22 electricity Altmark SGEI

Regulation and licensing do not constitute obligations for the provision of an SGEI. Compensation for changes in public policy is not compensation that complies with the Altmark conditions. Introduction The calculation of the compensation for the net extra costs of public service obligations [PSO] is a difficult task. On 15 May 2019, in case C-706/17, Achema et al v Lithuania […]

1 Comment

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