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. 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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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 […]
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12. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support Production of Penicillin in the EU
State Aid Blogs - State Aid Uncovered photos 19
Introduction The Commission’s block exemption regulations and the guidelines do not cover exhaustively State aid for all conceivable policy objectives. For example, there are no specific rules on investment subsidies for large enterprises in non-assisted regions. This does not mean that Member States may not grant State aid to a large company to manufacture a product they consider important. Rather, […]
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5. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support “Applied Research” in Solid-State Batteries
State Aid Blogs - State Aid Uncovered photos 11
Introduction France notified a measure to grant State aid to ProLogium for the implementation of the Promotheus R&D project which concerned the development of solid-state batteries [SSB] for electric vehicles. ProLogium is a large enterprise with 758 employees. The Commission approved the measure in decision SA.106740.[1] The aid measure has several unusual features. First, ProLogium committed to disseminate the scientific […]
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29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

An Unusual SGEI
State Aid Blogs - State Aid Uncovered photos 16
Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]
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29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

The Territorial Tax Systems May also Tax Profits Diverted Abroad
State Aid Blogs - State Aid Uncovered photos 15
Introduction Taxes are burdens on undertakings. They cannot be State aid. However, tax exemptions or reductions can be State aid if they cannot be objectively justified. When a tax measure is in the form of a reduction or exemption, it is relatively easy to establish its selectivity in the meaning of Article 107(1) TFEU. However, when a tax is levied […]
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16. October 2024  |   State Aid Uncovered by Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
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15. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
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8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
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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 […]
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
12. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support Production of Penicillin in the EU
State Aid Blogs - State Aid Uncovered photos 19
Introduction The Commission’s block exemption regulations and the guidelines do not cover exhaustively State aid for all conceivable policy objectives. For example, there are no specific rules on investment subsidies for large enterprises in non-assisted regions. This does not mean that Member States may not grant State aid to a large company to manufacture a product they consider important. Rather, […]
read more
No Comments
5. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support “Applied Research” in Solid-State Batteries
State Aid Blogs - State Aid Uncovered photos 11
Introduction France notified a measure to grant State aid to ProLogium for the implementation of the Promotheus R&D project which concerned the development of solid-state batteries [SSB] for electric vehicles. ProLogium is a large enterprise with 758 employees. The Commission approved the measure in decision SA.106740.[1] The aid measure has several unusual features. First, ProLogium committed to disseminate the scientific […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

An Unusual SGEI
State Aid Blogs - State Aid Uncovered photos 16
Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

The Territorial Tax Systems May also Tax Profits Diverted Abroad
State Aid Blogs - State Aid Uncovered photos 15
Introduction Taxes are burdens on undertakings. They cannot be State aid. However, tax exemptions or reductions can be State aid if they cannot be objectively justified. When a tax measure is in the form of a reduction or exemption, it is relatively easy to establish its selectivity in the meaning of Article 107(1) TFEU. However, when a tax is levied […]
read more
No Comments
16. October 2024  |   State Aid Uncovered by Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
read more
No Comments
15. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments
1. October 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to the Operator of a Legal Monopoly
State Aid Blogs - State Aid Uncovered photos 9
Introduction In some Member States, the provision of potable water to households is a “closed” sector. This means that public funding of the operations of the water provider does not constitute State aid. However, according to the case law of the Court of Justice, for a sector to be considered closed to trade and competition it is not sufficient that […]
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29. December 2016  |   Guest State Aid Blog by Lexxion Publisher

Top 3 State Aid Blog Posts from 2016
State Aid Blogs - m 4 2
From remarks on the Commission Notice on the Notion of State aid over to the right of access and State aid procedures, our guest bloggers on the StateAidHub have shed light on various controversial State aid judgments and developments. View now the most popular posts of 2016.   With the end of 2016, we thank not only Prof Phedon Nicolaides […]
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15. December 2016  |   Guest State Aid Blog by Dimitrios Kyriazis

Ever wondered how Lexxion Seminars are like? Read this Summary of “State Aid in Tax Measures”
Lexxion Seminar
The following is a summary of the main points that were presented and the issues that were discussed in the seminar on State Aid in Tax Measures that was held by Lexxion in Brussels on 7-8 November 2016. The summary has been prepared for information purposes only and it is not meant to be a precise record of the proceedings […]
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19. October 2016  |   Guest State Aid Blog by Gherardo Carullo

Right of Access and State Aid Procedures: a Look at the General Presumption of Confidentiality and the Overriding Public Interest in Case C-271/15, Sea Handling v Commission
airplane flying
Today we are glad to welcome Dr. Gherardo Carullo, research fellow and Ph.D. in law at University of Milan, LL.M. (King’s College London), to our State Aid Blog. He specialises in public law, from a national and European perspective, and in particular in State intervention in the markets, both in his academic studies and in the legal profession. In this […]
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5. October 2016  |   Guest State Aid Blog by Erika Szyszczak

Article 263(4) TFEU: Third Party Challenges to State Aid Decisions
gavel
We are happy to welcome back Prof Erika Szyszczak on the State Aid Blog today. She is Professor of Law and Fellow of the UK Trade Policy Observatory at University of Sussex and practising barrister and ADR mediator at Littleton Chambers, Temple, London. Today she shares her views on two cases that shed new light on third party rights to […]
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14. September 2016  |   Guest State Aid Blog by Michał Bernat

Polish Green Certificates Held by the Commission to Be Compatible State Aid: a Curious Story Comes to an End
windmills
We are happy to welcome Dr Michał Bernat on the State Aid Blog today. He is a legal and tax adviser and State aid expert at the Dentons offices in Warsaw. Today he shares his insights on a decision in a case involving Polish green certificates issued to producers of energy from renewable energy sources. Read on to learn more. […]
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1. September 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – September 2016
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.   Wednesday 14/09/2016 Judgment in Case T-57/15 – Trajektna luka Split v Commission (General Court – Seventh Chamber)   […]
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18. August 2016  |   Guest State Aid Blog by Lexxion Publisher

New Video: How to notify State aid?
youtube screenshot
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions are answered in our videos on YouTube. Make sure to visit us!   Today one of our speakers and Attaché for State aid of the Hungarian central administration, Peter Staviczky explains how you notify State aid to the European Commission. Find out how to […]
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11. August 2016  |   Guest State Aid Blog by Lexxion Publisher

New Video: What is GBER and how to use it?
youtube screenshot
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions are answered in our videos on YouTube. Make sure to visit us!   Today Alexander Rose from the Government Legal Service of the UK explains what the GBER (=General Block Exemption Regulation) is and how to use it. Watch the video, comment and […]
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1. July 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – July 2016
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 14/07/2016 Judgment in Case T-143/12 – Germany v Commission (General Court – Eigth Chamber) Tuesday 19/07/2016 […]
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22. June 2016  |   Guest State Aid Blog by Gian Marco Galletti

Remarks on the Infrastructure Section of the Commission Notice on the Notion of State Aid
Cable-stayed bridge across river Po in Northern Italy
Today we are glad to welcome once again Gian Marco Galletti as guest author on our State aid blog. He is a PhD Candidate & EU Law Tutor at the Dickson Poon School of Law of King’s College London. In this blog post he comments on the Commission’s new Notice on the notion of State aid. Thank you for your […]
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