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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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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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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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
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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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10. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Cross-border Cumulation of State Aid
State Aid Blogs - State Aid Uncovered photos 13
Introduction Compliance with the rules on the cumulation of State aid can be tricky for several reasons. First, all aid granted by all public authorities for the same project needs to be taken into account. Second, this requires identification of the relevant eligible costs, as the same undertaking may legally receive multiple awards of aid for different projects whose eligible […]
read more
No Comments
7. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 12
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
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No Comments
3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
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26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
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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 […]
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 […]
read more
No Comments
10. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Cross-border Cumulation of State Aid
State Aid Blogs - State Aid Uncovered photos 13
Introduction Compliance with the rules on the cumulation of State aid can be tricky for several reasons. First, all aid granted by all public authorities for the same project needs to be taken into account. Second, this requires identification of the relevant eligible costs, as the same undertaking may legally receive multiple awards of aid for different projects whose eligible […]
read more
No Comments
7. January 2025  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 12
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
No Comments
26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
read more
No Comments
19. November 2024  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 21
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
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24. August 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Alexander Rose
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
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10. August 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Mihalis Kekelekis
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
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27. July 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Birgit Haslinger
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
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No Comments
6. July 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Ilkka Aalto-Setälä
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
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No Comments
22. June 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Sara Gobbato
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
read more
No Comments
14. June 2017  |   Guest State Aid Blog by Nevin Alija

State Resources criteria in the spotlight once again: Comments on the Opinion of the Advocate General in case C-329/15 ENEA SA w Poznaniu v Prezes Urzędu Regulacji Energetyki
State Aid Blogs - m 14
Today we are glad to welcome Nevin Alija to the State Aid Blog. She is a PhD Candidate at the Católica Research Center for the Future of Law of the Católica Global School of Law, Universidade Católica Portuguesa. In this blog post she examines case C-329/15 ENEA SA w Poznaniu v Prezes Urzędu Regulacji Energetyki. Thank you, Nevin, for sharing […]
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30. May 2017  |   Guest State Aid Blog by Lexxion Publisher

15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Thomas Jaeger
State Aid Blogs - Rose StateAidHub ohne Rand 24082017
Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State […]
read more
No Comments
1. May 2017  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – May 2017
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.   Thursday 18/05/2017 Judgment in case C-150/16 – Fondul Proprietatea vs Complexul Energetic Oltenia SA (Court of Justice – Fifth Chamber) […]
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2. April 2017  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – April 2017
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.   Thursday 06/04/2017 Order in case T-101/16 – Klausner Holz Niedersachsen GmbH v European Commission (General Court – Second […]
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11. March 2017  |   Guest State Aid Blog by Erika Szyszczak

State Aid is on the Agenda: Deal or No Deal
brexit
With great pleasure we welcome again Professor Erika Szyszczak to our blog. Erika is a Research Professor in Law and a Fellow of the UK Trade Policy Observatory. She is currently the Special Adviser to the House of Lords Internal Market Sub-Committee in respect of its inquiry into Brexit: competition. She is the author of The Regulation of the State […]
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