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 ×

3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

The Concept of SME, Indirect Control by Public Bodies and New Problems for Public Universities and Research Organisations
State Aid Blogs - columns 5135499 1920
I am grateful to Peter Staviczky for comments on an earlier draft. A company that is owned by more than 25% by public bodies is not considered to be an SME, regardless of whether those public bodies actually exercise direct or indirect control. A public university can be a public body. Temporary Framework Update: Number of approved and published covid-19 […]
read more
No Comments
3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

Evaluation of EU State Aid Rules: Need for Greater Transparency
State Aid Blogs - office 4249408 1920
On Friday, 30 November 2020, the European Commission published a Staff Working Document [SWD(2020) 257 final] presenting and assessing the results of the evaluation of the main State aid rules of the EU. The SWD explains the aims of the State Aid Modernisation [SAM] that was launched in 2012 and summarises the findings of the Fitness Check of the GBER, […]
read more
No Comments
27. October 2020  |   State Aid Uncovered by Phedon Nicolaides

The Common European Interest and the Environmental Impact of State Aid: The Case of Nuclear Power
State Aid Blogs - nuclear power plant 4535761 1920
I am grateful to Peter Staviczky for comments on an earlier version. The possible negative impact of State aid on the environmental is taken into account when the aid measure violates directly the relevant EU law. The Commission protects the interests of other Member States by ensuring that the negative effects of State aid are kept to the minimum possible. […]
read more
No Comments
20. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Employees’ Social Security Contributions and Compensation for Damage
State Aid Blogs - fishing boats 1785400 1920
Fiscal benefits to employees do not constitute State aid as long as they do not confer a direct or indirect advantage to their employers. Update on Temporary Framework: Number of approved and published Covid-19 measures, as of 16 October 2020: 302* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 255; Article 107(3)(c): 23 Average number of measures per Member State: 11 […]
read more
No Comments
13. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH
State Aid Blogs - danish currency 1139103 1920
Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]
read more
No Comments
6. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
read more
No Comments
30. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Test
State Aid Blogs - riga 2935034 1920
A rational airport operator considers only incremental revenue and costs and ignores any cost not caused by an agreement with an airline. State aid developments: New Guidelines in State aid in EU ETS The Commission published on Friday, 25 September, in Official Journal C 317, p.5, the new Guidelines on State aid measures in the context of the system for […]
read more
No Comments
22. September 2020  |   State Aid Uncovered by Phedon Nicolaides

A Real Estate Deal that Does not Affect Intra-EU Trade
State Aid Blogs - hall 1489766 1920
Operators selected through competitive, transparent, non-discriminatory and unconditional procedures receive no State aid. When only a single bid is submitted, the market conformity of the outcome must be verified with comparative analysis. Activities are purely local when they are not likely to attract customers or operators from abroad. Update on Temporary Framework: Number of approved and published covid-19 measures, as […]
read more
No Comments
15. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
read more
No Comments
8. September 2020  |   State Aid Uncovered by Phedon Nicolaides

State Control without State Imputability
State Aid Blogs - Postnord
A snapshot of Covid-19 State aid Number of Covid-19 approved measures1, 2 [EU27 + UK, 4 September 2020] 19-15 13-11 9-7 6-4 BE CZ DK IT PL DE FR HU LV NL BG EL FI IE LT LU MT RO SE SK UK AT CY EE ES HR PT SI Source: DG Competition, author’s own calculations 1: Data exclude amendments […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

The Concept of SME, Indirect Control by Public Bodies and New Problems for Public Universities and Research Organisations
State Aid Blogs - columns 5135499 1920
I am grateful to Peter Staviczky for comments on an earlier draft. A company that is owned by more than 25% by public bodies is not considered to be an SME, regardless of whether those public bodies actually exercise direct or indirect control. A public university can be a public body. Temporary Framework Update: Number of approved and published covid-19 […]
read more
No Comments
3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

Evaluation of EU State Aid Rules: Need for Greater Transparency
State Aid Blogs - office 4249408 1920
On Friday, 30 November 2020, the European Commission published a Staff Working Document [SWD(2020) 257 final] presenting and assessing the results of the evaluation of the main State aid rules of the EU. The SWD explains the aims of the State Aid Modernisation [SAM] that was launched in 2012 and summarises the findings of the Fitness Check of the GBER, […]
read more
No Comments
27. October 2020  |   State Aid Uncovered by Phedon Nicolaides

The Common European Interest and the Environmental Impact of State Aid: The Case of Nuclear Power
State Aid Blogs - nuclear power plant 4535761 1920
I am grateful to Peter Staviczky for comments on an earlier version. The possible negative impact of State aid on the environmental is taken into account when the aid measure violates directly the relevant EU law. The Commission protects the interests of other Member States by ensuring that the negative effects of State aid are kept to the minimum possible. […]
read more
No Comments
20. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Employees’ Social Security Contributions and Compensation for Damage
State Aid Blogs - fishing boats 1785400 1920
Fiscal benefits to employees do not constitute State aid as long as they do not confer a direct or indirect advantage to their employers. Update on Temporary Framework: Number of approved and published Covid-19 measures, as of 16 October 2020: 302* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 255; Article 107(3)(c): 23 Average number of measures per Member State: 11 […]
read more
No Comments
13. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH
State Aid Blogs - danish currency 1139103 1920
Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]
read more
No Comments
6. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
read more
No Comments
30. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Test
State Aid Blogs - riga 2935034 1920
A rational airport operator considers only incremental revenue and costs and ignores any cost not caused by an agreement with an airline. State aid developments: New Guidelines in State aid in EU ETS The Commission published on Friday, 25 September, in Official Journal C 317, p.5, the new Guidelines on State aid measures in the context of the system for […]
read more
No Comments
22. September 2020  |   State Aid Uncovered by Phedon Nicolaides

A Real Estate Deal that Does not Affect Intra-EU Trade
State Aid Blogs - hall 1489766 1920
Operators selected through competitive, transparent, non-discriminatory and unconditional procedures receive no State aid. When only a single bid is submitted, the market conformity of the outcome must be verified with comparative analysis. Activities are purely local when they are not likely to attract customers or operators from abroad. Update on Temporary Framework: Number of approved and published covid-19 measures, as […]
read more
No Comments
15. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
read more
No Comments
8. September 2020  |   State Aid Uncovered by Phedon Nicolaides

State Control without State Imputability
State Aid Blogs - Postnord
A snapshot of Covid-19 State aid Number of Covid-19 approved measures1, 2 [EU27 + UK, 4 September 2020] 19-15 13-11 9-7 6-4 BE CZ DK IT PL DE FR HU LV NL BG EL FI IE LT LU MT RO SE SK UK AT CY EE ES HR PT SI Source: DG Competition, author’s own calculations 1: Data exclude amendments […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

The Concept of SME, Indirect Control by Public Bodies and New Problems for Public Universities and Research Organisations
State Aid Blogs - columns 5135499 1920
I am grateful to Peter Staviczky for comments on an earlier draft. A company that is owned by more than 25% by public bodies is not considered to be an SME, regardless of whether those public bodies actually exercise direct or indirect control. A public university can be a public body. Temporary Framework Update: Number of approved and published covid-19 […]
read more
No Comments
3. November 2020  |   State Aid Uncovered by Phedon Nicolaides

Evaluation of EU State Aid Rules: Need for Greater Transparency
State Aid Blogs - office 4249408 1920
On Friday, 30 November 2020, the European Commission published a Staff Working Document [SWD(2020) 257 final] presenting and assessing the results of the evaluation of the main State aid rules of the EU. The SWD explains the aims of the State Aid Modernisation [SAM] that was launched in 2012 and summarises the findings of the Fitness Check of the GBER, […]
read more
No Comments
27. October 2020  |   State Aid Uncovered by Phedon Nicolaides

The Common European Interest and the Environmental Impact of State Aid: The Case of Nuclear Power
State Aid Blogs - nuclear power plant 4535761 1920
I am grateful to Peter Staviczky for comments on an earlier version. The possible negative impact of State aid on the environmental is taken into account when the aid measure violates directly the relevant EU law. The Commission protects the interests of other Member States by ensuring that the negative effects of State aid are kept to the minimum possible. […]
read more
No Comments
20. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Employees’ Social Security Contributions and Compensation for Damage
State Aid Blogs - fishing boats 1785400 1920
Fiscal benefits to employees do not constitute State aid as long as they do not confer a direct or indirect advantage to their employers. Update on Temporary Framework: Number of approved and published Covid-19 measures, as of 16 October 2020: 302* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 255; Article 107(3)(c): 23 Average number of measures per Member State: 11 […]
read more
No Comments
13. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH
State Aid Blogs - danish currency 1139103 1920
Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]
read more
No Comments
6. October 2020  |   State Aid Uncovered by Phedon Nicolaides

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
State Aid Blogs - doors 1767564 1920
I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
read more
No Comments
30. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Market Economy Operator Test
State Aid Blogs - riga 2935034 1920
A rational airport operator considers only incremental revenue and costs and ignores any cost not caused by an agreement with an airline. State aid developments: New Guidelines in State aid in EU ETS The Commission published on Friday, 25 September, in Official Journal C 317, p.5, the new Guidelines on State aid measures in the context of the system for […]
read more
No Comments
22. September 2020  |   State Aid Uncovered by Phedon Nicolaides

A Real Estate Deal that Does not Affect Intra-EU Trade
State Aid Blogs - hall 1489766 1920
Operators selected through competitive, transparent, non-discriminatory and unconditional procedures receive no State aid. When only a single bid is submitted, the market conformity of the outcome must be verified with comparative analysis. Activities are purely local when they are not likely to attract customers or operators from abroad. Update on Temporary Framework: Number of approved and published covid-19 measures, as […]
read more
No Comments
15. September 2020  |   State Aid Uncovered by Phedon Nicolaides

Non-economic Activities and Services of General Economic Interest
State Aid Blogs - environmental protection 683437 1280
Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
read more
No Comments
8. September 2020  |   State Aid Uncovered by Phedon Nicolaides

State Control without State Imputability
State Aid Blogs - Postnord
A snapshot of Covid-19 State aid Number of Covid-19 approved measures1, 2 [EU27 + UK, 4 September 2020] 19-15 13-11 9-7 6-4 BE CZ DK IT PL DE FR HU LV NL BG EL FI IE LT LU MT RO SE SK UK AT CY EE ES HR PT SI Source: DG Competition, author’s own calculations 1: Data exclude amendments […]
read more
No Comments
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