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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State Aid Uncovered ×

13. June 2023  |   State Aid Uncovered by Phedon Nicolaides

How the Infringement of Non-State aid Rules Can Affect the Compatibility of State aid
State Aid Blogs - Untitled design 2
Introduction  It is now well-established that if a State aid measure is inherently or indissolubly linked to a an infringement of EU law outside the field of State aid it cannot be found to be compatible with the internal market.  As a result of the judgment of the General Court on 24 May 2023, in case T-268/21, Ryanair v European […]
read more
No Comments
6. June 2023  |   State Aid Uncovered by Phedon Nicolaides

A First Case of “Significant Market Power”
State Aid Blogs - Untitled design 1
Introduction On the same day that the General Court ruled on the recapitalisation of SAS, it also ruled on the recapitalisation of Lufthansa in case T-34/21, Ryanair v European Commission.1 In the latter case, Ryanair sought the annulment of Commission decision SA.57153 of June 2020 by which the Commission approved injection of capital in Deutsche Lufthansa [DLH] of the amount […]
read more
No Comments
30. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The 2020 Temporary State aid Framework and Recapitalisation of Undertakings
State Aid Blogs - Untitled design 16
Introduction Ryanair has challenged many Commission decisions authorising State aid for its rivals. In 2021 and 2022, the General Court delivered 12 judgments concerning covid-19-related aid granted to other airlines. Of those 12 judgments, Ryanair temporarily won only three. Its wins were transient because the General Court suspended the annulment of the relevant Commission decisions, on the grounds that the […]
read more
No Comments
23. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The Temporary Framework Allows Member States to Grant Aid only to SMEs 
State Aid Blogs - Untitled design
Introduction  Although discrimination is in general prohibited in the EU, the fact remains that in the field of State aid Member States may grant State aid only to certain companies and may also decide how much aid to grant.  That the granting of State aid relies solely on the discretion of Member States has recently been re-confirmed by the General […]
read more
No Comments
16. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Support for the Decarbonisation of the Electricity Sector through Storage Capacity
State Aid Blogs - Untitled design 1
Introduction Romania notified a scheme to support investment in large-scale electricity storage. The Commission approved it in decision SA.102761.[1] The scheme was part of the national Recovery and Resilience Plan [RRP] of Romania and was co-financed by the EU’s Recovery and Resilience Facility. By supporting investment in electricity storage, Romania aimed to reduce carbon emissions generated by the energy sector, […]
read more
No Comments
9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

13. June 2023  |   State Aid Uncovered by Phedon Nicolaides

How the Infringement of Non-State aid Rules Can Affect the Compatibility of State aid
State Aid Blogs - Untitled design 2
Introduction  It is now well-established that if a State aid measure is inherently or indissolubly linked to a an infringement of EU law outside the field of State aid it cannot be found to be compatible with the internal market.  As a result of the judgment of the General Court on 24 May 2023, in case T-268/21, Ryanair v European […]
read more
No Comments
6. June 2023  |   State Aid Uncovered by Phedon Nicolaides

A First Case of “Significant Market Power”
State Aid Blogs - Untitled design 1
Introduction On the same day that the General Court ruled on the recapitalisation of SAS, it also ruled on the recapitalisation of Lufthansa in case T-34/21, Ryanair v European Commission.1 In the latter case, Ryanair sought the annulment of Commission decision SA.57153 of June 2020 by which the Commission approved injection of capital in Deutsche Lufthansa [DLH] of the amount […]
read more
No Comments
30. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The 2020 Temporary State aid Framework and Recapitalisation of Undertakings
State Aid Blogs - Untitled design 16
Introduction Ryanair has challenged many Commission decisions authorising State aid for its rivals. In 2021 and 2022, the General Court delivered 12 judgments concerning covid-19-related aid granted to other airlines. Of those 12 judgments, Ryanair temporarily won only three. Its wins were transient because the General Court suspended the annulment of the relevant Commission decisions, on the grounds that the […]
read more
No Comments
23. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The Temporary Framework Allows Member States to Grant Aid only to SMEs 
State Aid Blogs - Untitled design
Introduction  Although discrimination is in general prohibited in the EU, the fact remains that in the field of State aid Member States may grant State aid only to certain companies and may also decide how much aid to grant.  That the granting of State aid relies solely on the discretion of Member States has recently been re-confirmed by the General […]
read more
No Comments
16. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Support for the Decarbonisation of the Electricity Sector through Storage Capacity
State Aid Blogs - Untitled design 1
Introduction Romania notified a scheme to support investment in large-scale electricity storage. The Commission approved it in decision SA.102761.[1] The scheme was part of the national Recovery and Resilience Plan [RRP] of Romania and was co-financed by the EU’s Recovery and Resilience Facility. By supporting investment in electricity storage, Romania aimed to reduce carbon emissions generated by the energy sector, […]
read more
No Comments
9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

13. June 2023  |   State Aid Uncovered by Phedon Nicolaides

How the Infringement of Non-State aid Rules Can Affect the Compatibility of State aid
State Aid Blogs - Untitled design 2
Introduction  It is now well-established that if a State aid measure is inherently or indissolubly linked to a an infringement of EU law outside the field of State aid it cannot be found to be compatible with the internal market.  As a result of the judgment of the General Court on 24 May 2023, in case T-268/21, Ryanair v European […]
read more
No Comments
6. June 2023  |   State Aid Uncovered by Phedon Nicolaides

A First Case of “Significant Market Power”
State Aid Blogs - Untitled design 1
Introduction On the same day that the General Court ruled on the recapitalisation of SAS, it also ruled on the recapitalisation of Lufthansa in case T-34/21, Ryanair v European Commission.1 In the latter case, Ryanair sought the annulment of Commission decision SA.57153 of June 2020 by which the Commission approved injection of capital in Deutsche Lufthansa [DLH] of the amount […]
read more
No Comments
30. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The 2020 Temporary State aid Framework and Recapitalisation of Undertakings
State Aid Blogs - Untitled design 16
Introduction Ryanair has challenged many Commission decisions authorising State aid for its rivals. In 2021 and 2022, the General Court delivered 12 judgments concerning covid-19-related aid granted to other airlines. Of those 12 judgments, Ryanair temporarily won only three. Its wins were transient because the General Court suspended the annulment of the relevant Commission decisions, on the grounds that the […]
read more
No Comments
23. May 2023  |   State Aid Uncovered by Phedon Nicolaides

The Temporary Framework Allows Member States to Grant Aid only to SMEs 
State Aid Blogs - Untitled design
Introduction  Although discrimination is in general prohibited in the EU, the fact remains that in the field of State aid Member States may grant State aid only to certain companies and may also decide how much aid to grant.  That the granting of State aid relies solely on the discretion of Member States has recently been re-confirmed by the General […]
read more
No Comments
16. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Support for the Decarbonisation of the Electricity Sector through Storage Capacity
State Aid Blogs - Untitled design 1
Introduction Romania notified a scheme to support investment in large-scale electricity storage. The Commission approved it in decision SA.102761.[1] The scheme was part of the national Recovery and Resilience Plan [RRP] of Romania and was co-financed by the EU’s Recovery and Resilience Facility. By supporting investment in electricity storage, Romania aimed to reduce carbon emissions generated by the energy sector, […]
read more
No Comments
9. May 2023  |   State Aid Uncovered by Phedon Nicolaides

Development of Affordable Housing
State Aid Blogs - Untitled design 15
Introduction The provision of social housing can be designated as a service of general economic interest and can be publicly funded under the Commission decision 2021/21. Member States have to show that there is a real social need and limit access to social housing to those persons who cannot afford what the market provides; i.e. low-income or vulnerable persons such […]
read more
No Comments
2. May 2023  |   State Aid Uncovered by Phedon Nicolaides

State aid Scoreboard, 2022
State Aid Blogs - Untitled design 14
Introduction On 24 April 2023, the Commission released the 2022 version of the State aid Scoreboard which this year runs to a record 226 pages.[1] It covers the State aid that was granted in 2021 and contains information on both covid-19 measures and non-pandemic aid. Covid-19 related aid reached EUR 191 billion, or 57% of total aid expenditure. Non-crisis aid […]
read more
No Comments
25. April 2023  |   State Aid Uncovered by Phedon Nicolaides

German Risk Finance
State Aid Blogs - Untitled design 13
Introduction Relatively few risk finance measures are notified to the Commission as Member States use Articles 21 and 22 of the GBER to support investments in SMEs and start-ups. However, the GBER excludes from its scope tax incentives for investments by undertakings. Tax incentives are possible only for investments by private investors. For this reason, Germany recently notified an aid […]
read more
No Comments
18. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Imposition of Public Service Obligations through Extension of a Concession
State Aid Blogs - hhhhhhhh
Introduction It has recently been confirmed in the case law that Member States are not obliged to implement a procurement procedure when they grant State aid. This means, of course, that the public funds they provide do confer an advantage on their recipient undertakings. Compliance with public procurement procedures affects the compatibility of the aid with the internal market. Indeed, […]
read more
No Comments
11. April 2023  |   State Aid Uncovered by Phedon Nicolaides

Update of Commission Guiding Templates on Funding by the Recovery and Resilience Facility
State Aid Blogs - State Aid Uncovered SM posts 3
Introduction In December 2020, the European Commission published “templates” to help Member States in the design of their plans that were to be financed by the Recovery and Resilience Facility [RRF]. The purpose of the templates was to identify whether those plans contained State aid and, if they did, whether the aid had to be notified or not. Soon afterwards […]
read more
No Comments
« Previous PageNext Page »

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