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.

- Pari Passu ×

1. September 2020 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Investments

State Aid Blogs - money 3115984 1920

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 28 August 2020: 270* Legal basis: Article 107(2)(b): 28; Article 107(3)(b): 228; Article 107(3)(c): 21 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Czech Republic, Denmark, Italy & Poland. – Average number of measures per Member State: 9.6 – Median number of measures […]

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12. February 2019 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Is not Static

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time. Introduction When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]

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9. October 2018 | State Aid Uncovered by Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary

State Aid Blogs - m 1 1

A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor. Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]

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- Pari Passu ×

1. September 2020 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Investments

State Aid Blogs - money 3115984 1920

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 28 August 2020: 270* Legal basis: Article 107(2)(b): 28; Article 107(3)(b): 228; Article 107(3)(c): 21 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Czech Republic, Denmark, Italy & Poland. – Average number of measures per Member State: 9.6 – Median number of measures […]

No Comments

12. February 2019 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Is not Static

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time. Introduction When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]

No Comments

9. October 2018 | State Aid Uncovered by Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary

State Aid Blogs - m 1 1

A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor. Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]

No Comments

- Pari Passu ×

1. September 2020 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Investments

State Aid Blogs - money 3115984 1920

Update on Temporary Framework: Number of approved and published covid-19 measures, as of 28 August 2020: 270* Legal basis: Article 107(2)(b): 28; Article 107(3)(b): 228; Article 107(3)(c): 21 Four Member States have implemented 15 or more covid-19 measures each: Belgium, Czech Republic, Denmark, Italy & Poland. – Average number of measures per Member State: 9.6 – Median number of measures […]

No Comments

12. February 2019 | State Aid Uncovered by Phedon Nicolaides

Pari Passu Is not Static

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time. Introduction When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]

No Comments

9. October 2018 | State Aid Uncovered by Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary

State Aid Blogs - m 1 1

A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor. Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]

No Comments

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