State Aid Law Blog

State Aid Uncovered Blog

On a weekly basis Phedon Nicolaides posts critical analysis pieces on the latest State aid judgments and decisions on his blog State Aid Uncovered. Each article presents the main points of a court ruling or Commission‘s decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions.
Occasional guest blog posts by other State aid experts complement the State aid knowledge hub.

Join the debate now!

Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

Guest State Aid Blog ×

29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
15. November 2013  |   State Aid Uncovered by Phedon Nicolaides

Private Vendor Principle: How to Organise a State-Aid-Free Sale of Public Assets
bank building
Introduction   The private investor principle (PIP) or market economy investor principle is well established in the case law. A closely related concept is the private vendor principle (PVP). The PIP applies when a public authority assumes risk by investing in an undertaking, for example through the purchase of shares, injection of capital, granting of a loan or provision of […]
read more
No Comments
31. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability
airplane flying
Introduction When a public authority invests in an undertaking, it must earn a return at market rates, otherwise the investment is State aid. Normally, it is much easier to prove that the investment has a reasonable prospect of profitability and, therefore, that it would be made by a private investor, when the recipient undertaking is in a good financial situation. […]
read more
No Comments
18. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain
fortress
Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that the infrastructure they fund is either free of State aid or, if that is unavoidable, that the State aid is compatible with the internal market. Recent cases have shown that there are two problems in this regard. First, public authorities must verify whether the organisations […]
read more
No Comments
4. October 2013  |   State Aid Uncovered by Phedon Nicolaides

The Offsetting of a Structural Disadvantage Is still State Aid
scale and a book
Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits from a public measure. However, this task becomes considerably more difficult in two situations: i) when a public authority claims that it acts like a private investor and ii) when a public measure is intended to compensate for a disadvantage suffered by the beneficiary undertaking […]
read more
No Comments
14. September 2013  |   State Aid Uncovered by Phedon Nicolaides

Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?
people at the airport
Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for reasons of legal certainty [SA.36197].[1] ANA is the operator of most Portuguese airports. It manages eight airports across Portugal (Lisbon, Porto, Faro, Beja, and 4 airports in the Azores) that account for the vast majority of the commercial air traffic in the country. It is worth […]
read more
No Comments
27. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Public Support without State Aid
tablet with chart tabelle
Public measures that do not constitute state aid are as interesting as the measures that do provide aid. This posting examines two measures that have been found not to fall within the scope of Article 107(1) TFEU because they do not satisfy one or more of the four criteria laid down in that Article. Non-economic activity: Commission Decision SA.35529 on […]
read more
No Comments
20. June 2013  |   State Aid Uncovered by Phedon Nicolaides

PuState Resources and Payments between Undertakings
euro coins
Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]
read more
No Comments
1. May 2013  |   State Aid Uncovered by Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
read more
No Comments
21. April 2013  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
read more
No Comments
« Previous PageNext Page »

Guest State Aid Blog ×

29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
15. November 2013  |   State Aid Uncovered by Phedon Nicolaides

Private Vendor Principle: How to Organise a State-Aid-Free Sale of Public Assets
bank building
Introduction   The private investor principle (PIP) or market economy investor principle is well established in the case law. A closely related concept is the private vendor principle (PVP). The PIP applies when a public authority assumes risk by investing in an undertaking, for example through the purchase of shares, injection of capital, granting of a loan or provision of […]
read more
No Comments
31. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability
airplane flying
Introduction When a public authority invests in an undertaking, it must earn a return at market rates, otherwise the investment is State aid. Normally, it is much easier to prove that the investment has a reasonable prospect of profitability and, therefore, that it would be made by a private investor, when the recipient undertaking is in a good financial situation. […]
read more
No Comments
18. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain
fortress
Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that the infrastructure they fund is either free of State aid or, if that is unavoidable, that the State aid is compatible with the internal market. Recent cases have shown that there are two problems in this regard. First, public authorities must verify whether the organisations […]
read more
No Comments
4. October 2013  |   State Aid Uncovered by Phedon Nicolaides

The Offsetting of a Structural Disadvantage Is still State Aid
scale and a book
Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits from a public measure. However, this task becomes considerably more difficult in two situations: i) when a public authority claims that it acts like a private investor and ii) when a public measure is intended to compensate for a disadvantage suffered by the beneficiary undertaking […]
read more
No Comments
14. September 2013  |   State Aid Uncovered by Phedon Nicolaides

Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?
people at the airport
Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for reasons of legal certainty [SA.36197].[1] ANA is the operator of most Portuguese airports. It manages eight airports across Portugal (Lisbon, Porto, Faro, Beja, and 4 airports in the Azores) that account for the vast majority of the commercial air traffic in the country. It is worth […]
read more
No Comments
27. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Public Support without State Aid
tablet with chart tabelle
Public measures that do not constitute state aid are as interesting as the measures that do provide aid. This posting examines two measures that have been found not to fall within the scope of Article 107(1) TFEU because they do not satisfy one or more of the four criteria laid down in that Article. Non-economic activity: Commission Decision SA.35529 on […]
read more
No Comments
20. June 2013  |   State Aid Uncovered by Phedon Nicolaides

PuState Resources and Payments between Undertakings
euro coins
Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]
read more
No Comments
1. May 2013  |   State Aid Uncovered by Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
read more
No Comments
21. April 2013  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
read more
No Comments
« Previous PageNext Page »

Guest State Aid Blog ×

29. November 2013  |   State Aid Uncovered by Phedon Nicolaides

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]
ship in the shipyard
Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]
read more
No Comments
15. November 2013  |   State Aid Uncovered by Phedon Nicolaides

Private Vendor Principle: How to Organise a State-Aid-Free Sale of Public Assets
bank building
Introduction   The private investor principle (PIP) or market economy investor principle is well established in the case law. A closely related concept is the private vendor principle (PVP). The PIP applies when a public authority assumes risk by investing in an undertaking, for example through the purchase of shares, injection of capital, granting of a loan or provision of […]
read more
No Comments
31. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability
airplane flying
Introduction When a public authority invests in an undertaking, it must earn a return at market rates, otherwise the investment is State aid. Normally, it is much easier to prove that the investment has a reasonable prospect of profitability and, therefore, that it would be made by a private investor, when the recipient undertaking is in a good financial situation. […]
read more
No Comments
18. October 2013  |   State Aid Uncovered by Phedon Nicolaides

A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain
fortress
Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that the infrastructure they fund is either free of State aid or, if that is unavoidable, that the State aid is compatible with the internal market. Recent cases have shown that there are two problems in this regard. First, public authorities must verify whether the organisations […]
read more
No Comments
4. October 2013  |   State Aid Uncovered by Phedon Nicolaides

The Offsetting of a Structural Disadvantage Is still State Aid
scale and a book
Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits from a public measure. However, this task becomes considerably more difficult in two situations: i) when a public authority claims that it acts like a private investor and ii) when a public measure is intended to compensate for a disadvantage suffered by the beneficiary undertaking […]
read more
No Comments
14. September 2013  |   State Aid Uncovered by Phedon Nicolaides

Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?
people at the airport
Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for reasons of legal certainty [SA.36197].[1] ANA is the operator of most Portuguese airports. It manages eight airports across Portugal (Lisbon, Porto, Faro, Beja, and 4 airports in the Azores) that account for the vast majority of the commercial air traffic in the country. It is worth […]
read more
No Comments
27. June 2013  |   State Aid Uncovered by Phedon Nicolaides

Public Support without State Aid
tablet with chart tabelle
Public measures that do not constitute state aid are as interesting as the measures that do provide aid. This posting examines two measures that have been found not to fall within the scope of Article 107(1) TFEU because they do not satisfy one or more of the four criteria laid down in that Article. Non-economic activity: Commission Decision SA.35529 on […]
read more
No Comments
20. June 2013  |   State Aid Uncovered by Phedon Nicolaides

PuState Resources and Payments between Undertakings
euro coins
Introduction A couple of years ago, the big issue in State aid law was the concept of selectivity. The judgments in the British Aggregates and Dutch NOx cases expanded, elaborated, and, some argued, convoluted the criteria for determining whether a measure was selective or not. This year, the big issue for sure is the concept of State resources. First came […]
read more
No Comments
1. May 2013  |   State Aid Uncovered by Phedon Nicolaides

Fiscal Leveraging: Donations and State Aid for Culture and Sports
runners on the track
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
read more
No Comments
21. April 2013  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Evaluation of State Aid: A New Instrument
evaluation smileys
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
read more
No Comments
« Previous PageNext Page »

How to Submit a Blog Post

Do you want to share your analysis of a State aid law topic? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU State aid law; new developments, publications, hot topics in EU State aid law. The recommended length of the post is 500-2,000 words incl. references (endnotes). Your analysis will be published under the category ‘Guest State Aid Blog’.

Here’s how you can publish a post on the Blog as a guest author:

Step 1: Submit your draft to Nelly Stratieva at stratieva@lexxion.eu.

Step 2: We at Lexxion will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalised and accepted, we will publish your post.

Submit your guest blog post

Subscribe to our newsletter to be regularly informed about our upcoming conferences, Lexxion Trainings, on-the-spot workshops and updates on Lexxion’s publications.

Don’t miss the news by signing up for our free newsletters. Sign up now!