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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11. March 2025  |   State Aid Uncovered by Phedon Nicolaides

Lease of Public Land
State Aid Blogs - State Aid Uncovered photos 41
Introduction Public land is a public asset that must be priced correctly when rented out to third parties. The problem is that in most cases rented out plots of public land are either too large or are in unusual places. In either case, comparable commercial transactions are difficult to find, especially if transactions in such plots are infrequent. In these […]
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4. March 2025  |   State Aid Uncovered by Phedon Nicolaides

Tax Exemptions for Public Casinos
State Aid Blogs - State Aid Uncovered photos 40
Introduction The Commission, in decision 2025/317, spanning 60 pages with close to 300 recitals and concerning the special tax treatment of public casino operators in Germany, found that that treatment constituted unlawful and incompatible State aid that had to be recovered.[1] Following a complaint by the German association of gambling machine operators [Fachverband Spielhallen], the Commission examined i) special tax […]
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25. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Granting of Rescue Aid to a Member of a Company Group
State Aid Blogs - State Aid Uncovered photos 38
Introduction State aid to rescue a company and finance its restructuring is considered to be the most distortionary form of aid. However, it is allowed only to prevent serious social harm and only after notification to and assessment by the Commission. The compatibility assessment is always exhaustive and seeks to establish, among other things, whether State aid is the only […]
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18. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Individual Aid to Support Reduction of CO2 Emissions
State Aid Blogs - State Aid Uncovered photos 34
Introduction State aid rules are, in general, less favourable to large companies mostly because they have more own funds, access to cheaper finance [mostly due to longer track record and higher credit ratings] and are more mobile so that regional handicaps have a lesser effect on them. Size also brings other advantages such as the ability to hire top economic […]
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11. February 2025  |   State Aid Uncovered by Phedon Nicolaides

What Competitors Must Show in order to Be Able to Challenge a Commission Decision on State Aid
State Aid Blogs - State Aid Uncovered photos 33
Introduction A perennial question is whether competitors of aid recipients have legal standing to appeal against Commission decisions that either authorise aid or find that a public measure does not constitute State aid. The answer depends on whether the Commission decision is adopted without the opening of the formal investigation procedure or after a form investigation. It is easier to […]
read more
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3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Misses an Opportunity to Provide Guidance on how to Detect Possible Infringement of other Provisions of EU Law by State Aid Measures
State Aid Blogs - State Aid Uncovered photos 32
Introduction On 23 January 2025, the Court of Justice delivered its judgment in case C‑490/23 P, Neos v Ryanair.[1] Neos, a private airline licensed in Italy, appealed against the judgment of the General Court in case T-268/21, Ryanair v Commission, by which it annulled Commission decision SA.59029 concerning an Italian compensation scheme for airlines with an Italian operating licence.[2] The […]
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3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Offshore Wind Installations
State Aid Blogs - State Aid Uncovered photos 30
Introduction State aid to support the generation of electricity from renewable sources must, as standard practice, be granted on the basis of a competitive selection process whereby the most efficient operator gets aid first. With a binding budget, the least efficient operators are excluded. However, there is an exception to this rule for small installations and in situations where there […]
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No Comments
21. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Incompatible State Aid May Be Recovered from an Undertaking other than the Direct Recipient
State Aid Blogs - State Aid Uncovered photos 29
Introduction The first judgment of 2025 on State aid was rendered by the Cour of Justice of the EU [CJEU] in case C-588/23, Scai, on 16 January 2025. It was a response to a request for a preliminary ruling by an Italian court.[1] Scai had initiated legal proceedings before a national court to contest a request by Regione Campania for […]
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14. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Accelerated Rollout of Renewable Energy
State Aid Blogs - State Aid Uncovered photos 28
Introduction The Temporary Crisis and Transition Framework for State aid expired on 31 December 2024. However, certain provisions remain in force until 31 December 2025. Those provisions are the following: Section 2.5.1: Investment aid for accelerating the rollout of renewable energy and for energy storage. Section 2.5.2: Operating aid for accelerating the rollout of renewable energy and for energy storage. […]
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No Comments
9. January 2025  |   State Aid Uncovered by Phedon Nicolaides

The Problem of Compensatory State Aid
State Aid Blogs - State Aid Uncovered photos 27
Introduction During the covid-19 pandemic there were fewer bankruptcies than normal. The consensus opinion is that the vast amounts of liquidity that were pumped into EU economies saved not only healthy companies but also many of those that would have otherwise gone out of business. Although the large-scale support schemes were necessary, they also created a problem: how to separate […]
read more
No Comments
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4. March 2025  |   State Aid Uncovered by Phedon Nicolaides

Tax Exemptions for Public Casinos
State Aid Blogs - State Aid Uncovered photos 40
Introduction The Commission, in decision 2025/317, spanning 60 pages with close to 300 recitals and concerning the special tax treatment of public casino operators in Germany, found that that treatment constituted unlawful and incompatible State aid that had to be recovered.[1] Following a complaint by the German association of gambling machine operators [Fachverband Spielhallen], the Commission examined i) special tax […]
read more
No Comments
25. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Granting of Rescue Aid to a Member of a Company Group
State Aid Blogs - State Aid Uncovered photos 38
Introduction State aid to rescue a company and finance its restructuring is considered to be the most distortionary form of aid. However, it is allowed only to prevent serious social harm and only after notification to and assessment by the Commission. The compatibility assessment is always exhaustive and seeks to establish, among other things, whether State aid is the only […]
read more
No Comments
18. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Individual Aid to Support Reduction of CO2 Emissions
State Aid Blogs - State Aid Uncovered photos 34
Introduction State aid rules are, in general, less favourable to large companies mostly because they have more own funds, access to cheaper finance [mostly due to longer track record and higher credit ratings] and are more mobile so that regional handicaps have a lesser effect on them. Size also brings other advantages such as the ability to hire top economic […]
read more
No Comments
11. February 2025  |   State Aid Uncovered by Phedon Nicolaides

What Competitors Must Show in order to Be Able to Challenge a Commission Decision on State Aid
State Aid Blogs - State Aid Uncovered photos 33
Introduction A perennial question is whether competitors of aid recipients have legal standing to appeal against Commission decisions that either authorise aid or find that a public measure does not constitute State aid. The answer depends on whether the Commission decision is adopted without the opening of the formal investigation procedure or after a form investigation. It is easier to […]
read more
No Comments
3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

The Court of Justice Misses an Opportunity to Provide Guidance on how to Detect Possible Infringement of other Provisions of EU Law by State Aid Measures
State Aid Blogs - State Aid Uncovered photos 32
Introduction On 23 January 2025, the Court of Justice delivered its judgment in case C‑490/23 P, Neos v Ryanair.[1] Neos, a private airline licensed in Italy, appealed against the judgment of the General Court in case T-268/21, Ryanair v Commission, by which it annulled Commission decision SA.59029 concerning an Italian compensation scheme for airlines with an Italian operating licence.[2] The […]
read more
No Comments
3. February 2025  |   State Aid Uncovered by Phedon Nicolaides

Offshore Wind Installations
State Aid Blogs - State Aid Uncovered photos 30
Introduction State aid to support the generation of electricity from renewable sources must, as standard practice, be granted on the basis of a competitive selection process whereby the most efficient operator gets aid first. With a binding budget, the least efficient operators are excluded. However, there is an exception to this rule for small installations and in situations where there […]
read more
No Comments
21. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Incompatible State Aid May Be Recovered from an Undertaking other than the Direct Recipient
State Aid Blogs - State Aid Uncovered photos 29
Introduction The first judgment of 2025 on State aid was rendered by the Cour of Justice of the EU [CJEU] in case C-588/23, Scai, on 16 January 2025. It was a response to a request for a preliminary ruling by an Italian court.[1] Scai had initiated legal proceedings before a national court to contest a request by Regione Campania for […]
read more
No Comments
14. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Accelerated Rollout of Renewable Energy
State Aid Blogs - State Aid Uncovered photos 28
Introduction The Temporary Crisis and Transition Framework for State aid expired on 31 December 2024. However, certain provisions remain in force until 31 December 2025. Those provisions are the following: Section 2.5.1: Investment aid for accelerating the rollout of renewable energy and for energy storage. Section 2.5.2: Operating aid for accelerating the rollout of renewable energy and for energy storage. […]
read more
No Comments
9. January 2025  |   State Aid Uncovered by Phedon Nicolaides

The Problem of Compensatory State Aid
State Aid Blogs - State Aid Uncovered photos 27
Introduction During the covid-19 pandemic there were fewer bankruptcies than normal. The consensus opinion is that the vast amounts of liquidity that were pumped into EU economies saved not only healthy companies but also many of those that would have otherwise gone out of business. Although the large-scale support schemes were necessary, they also created a problem: how to separate […]
read more
No Comments
17. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Does the State not Control the Resources whose Use Is Defined by Law?
State Aid Blogs - State Aid Uncovered photos 26
Introduction Germany has been very creative in devising measures of support of renewable sources of energy that do not constitute State aid [see the landmark judgments in PreussenElektra, EEG2012, etc]. The decisive element in those measures was the absence of state resources. In January of this year, Germany succeeded to persuade the General Court that a new measure was also […]
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8. July 2021  |   Guest State Aid Blog by Alexander Rose

The UK’s New Subsidy Control Bill: Targeting a Faster, More Permissive Regime Than EU State Aid Rules
The long awaited Subsidy Control Bill has been published by the UK Government with bold promises that it will “create a new system for subsidies that can enable key domestic priorities, such as levelling up economic growth across the UK and driving our green industrial revolution“.  In this article we identify the main changes immediately emerging from the draft legislation, […]
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11. June 2020  |   Guest State Aid Blog by Erika Szyszczak

When State Aid Gets Political
State Aid Blogs - brexit 3870554 1920
We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
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14. May 2020  |   Guest State Aid Blog by Wout De Cock

Belgium and COVID-19: The European Commission Approves Several Belgian State Aid Measures
corona virus
We are happy to share with you an update on the Covid-19 measures that have been approved in Belgium. Our guest auhor Wout De Cock is a PhD candidate at the Vrije Universiteit Brussel and part-time teaching assistant at the Katholieke Universiteit Leuven.* Introduction In issue 1/2020 of the European State Aid Law Quarterly, we concluded that the European Commission […]
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17. April 2020  |   Guest State Aid Blog by Michail Kamperis

COVID-19 Measures Adopted and State Aid Measures (Hopefully) to Be Adopted: An Update from Cyprus
Corona Virus
We are happy to share with you an update on the Covid-19 measures that are or will be adopted in Cyprus. Our guest auhor Michail Kamperis is a lawyer and partner at the law firm of Ierotheou, Kamperis & Co. LLC Nicosia, Cyprus. * Sign up for our free news alert  Sign Up For Free   Cyprus is one of […]
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9. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Follow Up Webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 20 April
Woman sitting by the computer
The European Commission is working on quickly adapting the existing State aid legal framework to address the current Covid-19 pandemic. Join us on 20th April from the comfort and safety of your (home) office to get an insider update on the Covid-19 response by State aid experts from the European Commission and national governments. ✓ Join from wherever you are – […]
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9. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Open Access Content Related to Covid-19: At a Glance
typewriter,
During these tough times, Lexxion Publisher wants to help to spread current news and updates on new regulations or support measures for combating the impact of the corona pandemic. Various contributions will be available as open access during the upcoming weeks. This post lists all contributions and will be updated on a rolling basis. Contributions related to State Aid & […]
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3. April 2020  |   Guest State Aid Blog by P. Kamil Rosiak

Covid-19 Support Package for Entrepreneurs: An Update from Poland
Corona Virus
We are happy to share with you an update on the Covid-19 support package that Poland is creating to support entrepeneurs fighting the impact of the corona pandemic. Our guest auhor P. Kamil Rosiak is Attorney-at-Law & Partner Associate at KPMG D.Dobkowski LP in Warsaw.* On 28 March 2020 the lower house of Polish parliament (Sejm) passed a bill (so […]
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1. April 2020  |   Guest State Aid Blog by Lexxion Publisher

Live Webinar: Covid-19 & State Aid Law in the UK Now
older woman sitting at the table, writting
Lexxion has created another new live webinar to keep you updated on current developments of Covid-19 and State aid law in the UK after Brexit. Leading State aid experts Jonathan Branton, George Peretz QC and Alexander Rose will work through the current EU State aid rules and answer your questions.   ✓ Join from wherever you are – high-quality content at […]
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25. March 2020  |   Guest State Aid Blog by Lexxion Publisher

Join our live webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 2 April
hands typing on the laptop
Due to global developments and responding to various requests, Lexxion has created a live webinar to keep you updated on the latest news regarding the corona virus and State aid law. You can join from wherever you are and receive high-quality content at your (home) office.   In response to the Covid-19 pandemic, EU Member States are urgently rolling out […]
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1. January 2018  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – January 2018
gavel
Find below the court’s diary for all State aid cases this month. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us ([email protected]), we are happy to publish your comment on the blog.   Tuesday 16/01/2018 Judgment in case T-747/15 – EDF v Commission (General Court – Third Chamber) Wednesday 17/01/2018 Judgment […]
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