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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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

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

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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7. April 2020 | State Aid Uncovered by Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations

State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]

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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

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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31. March 2020 | State Aid Uncovered by Phedon Nicolaides

How to Make Good the Damage Caused by a Natural Disaster

State Aid Blogs - sergio torres nUw2nIGeGYY unsplash

Compensation for costs incurred as a result of a natural disaster is State aid. The compensation must be for damage directly caused by the natural disaster. Introduction State aid to make good the damage caused by an “exceptional occurrence” such as the corona virus covid-19 is compatible with the internal market. The legal basis for exemption is Article 107(2)(b). Of […]

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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

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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20. March 2020 | State Aid Uncovered by Phedon Nicolaides

A New Temporary State aid Framework to Fight the Effects of the Corona Virus

Member States will be allowed to provide grants, guarantees and loans to companies to alleviate the effects of the corona virus. Introduction At the end of 2009, the European Commission adopted a Temporary Framework of State aid rules to enable Member States to support companies that were harmed by the outbreak of the financial crisis in 2008. Now, the corona […]

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17. March 2020 | State Aid Uncovered by Phedon Nicolaides

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

Progressive turnover taxes are not contrary to the freedom of establishment or the right of equal treatment. Introduction Recent cases involving “turnover” taxes have sparked a debate in the literature and on the conference circuit not only because they raise novel issues but also because of their implications for other taxes which are being mooted by European governments. As Advocate-General […]

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11. March 2020 | State Aid Uncovered by Phedon Nicolaides

Financial Transactions between the State and Banks with No State aid

State Aid Blogs - StateAidHub blogpost10 state guarantees

Capital injections, state guarantees and loans granted to banks can be free of State aid if they are priced at market rates which reflect the risk borne by the state. Introduction If banks can obtain capital, loans and guarantees from the state at market rates why don’t they go directly to the market? No one has yet given a satisfactory […]

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16. October 2019 | State Aid Uncovered by Phedon Nicolaides

Attempting to Minimise Past State aid Is of No Interest to a Private Investor

State Aid Blogs - StateAidHub blogpost43 privateinvestor

A public authority acting as a private investor ignores past State aid. Introduction It is now a settled principle that when a public authority intends or pretends to act as a private investor it must not take into account any past aid it has granted to the company in which it wants to invest. On 19 September 2019, the General Court […]

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8. October 2019 | State Aid Uncovered by Phedon Nicolaides

Public Service Obligations, Duration of Entrustment and Reasonable Profit

State Aid Blogs - StateAidHub blogpost41 LNGterminal

The duration of entrustment should not exceed the economic life of the investment and the rate of return should reflect the commercial risk of that investment. Introduction Is a 55-year entrustment through a direct award compatible with EU rules? And is a profit rate that exceeds the risk-free rate of return reasonable? These are some of the questions that the […]

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1. October 2019 | State Aid Uncovered by Phedon Nicolaides

Enforcement of State Aid Rules by National Courts

Private enforcement has increased, but damages for illegal granting of State aid have been successfully claimed in just one case. Introduction According to the annual competition report that was published in July, Member States use the GBER to implement 96% of their new aid measures.[1] This impressive outcome should be seen in conjunction with the recent rulings of the Court […]

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24. September 2019 | State Aid Uncovered by Phedon Nicolaides

“Invest-NL”: A New Promotional Bank

State Aid Blogs - StateAidHub blogpost39 promotionalbank

A state-owned promotional or development bank can pursue public policy objectives and also invest on terms which are acceptable to private investors. Introduction During the past decade or so several Member States have established “promotional” or “development” banks for the purpose of investing where the market does not. Private investors may be reluctant to commit their money for a variety […]

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17. September 2019 | State Aid Uncovered by Phedon Nicolaides

Sale of a Bank without State aid

State Aid Blogs - StateAidHub blogpost38 saleofbank

The sale must be open, transparent, non-discriminatory, unconditional and the winning bid must be the offer with the highest price. Introduction The German HSH Nordbank used to be the largest provider of ship finance in the world. It had commercial presence in over 20 major financial centres. Before the outbreak of the financial crisis in 2008, HSH Nordbank had a […]

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10. September 2019 | State Aid Uncovered by Phedon Nicolaides

Individually Notified Regional Aid

All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]

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3. September 2019 | State Aid Uncovered by Phedon Nicolaides

Presumed v Actual Compatibility of State aid with the Internal Market

State Aid Blogs - StateAidHub blogpost36 GBER BMW

State aid granted on the basis of the GBER may not be considered as authorised by the Commission. The task of Member States is to ensure that all of the requirements of the GBER are fulfilled. In particular, Member States must confirm the incentive effect of aid to large enterprises. Introduction[1] In March 2019, the Court of Justice delivered […]

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28. August 2019 | State Aid Uncovered by Phedon Nicolaides

A Curious Case of Port Concessions

State Aid Blogs - StateAidHub blogpost35 port concessions

The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]

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20. August 2019 | State Aid Uncovered by Phedon Nicolaides

Repayable Advances for Support of Research Projects

State Aid Blogs - StateAidHub blogpost34 RDI GBER

The amount of State aid in a repayable advance to support research projects is the difference between the return a private investor would demand and the actual return for the funding authority. Introduction According to the staff working paper accompanying the 2018 annual competition report that was published on 15 July 2019, 95% of all State aid measures supporting R&D […]

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13. August 2019 | State Aid Uncovered by Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

State Aid Blogs - StateAidHub blogpost33 trade

An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]

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Submit your guest blog post

State Aid Uncovered Blog

Follow Up Webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 20 April

Open Access Content Related to Covid-19: At a Glance

EU Decisions Override National Decisions on Compensation for Public Service Obligations

Covid-19 Support Package for Entrepreneurs: An Update from Poland

Live Webinar: Covid-19 & State Aid Law in the UK Now

How to Make Good the Damage Caused by a Natural Disaster

Join our live webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 2 April

A New Temporary State aid Framework to Fight the Effects of the Corona Virus

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

Financial Transactions between the State and Banks with No State aid

Attempting to Minimise Past State aid Is of No Interest to a Private Investor

Public Service Obligations, Duration of Entrustment and Reasonable Profit

Enforcement of State Aid Rules by National Courts

“Invest-NL”: A New Promotional Bank

Sale of a Bank without State aid

Individually Notified Regional Aid

Presumed v Actual Compatibility of State aid with the Internal Market

A Curious Case of Port Concessions

Repayable Advances for Support of Research Projects

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

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