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.

Subscribe now!

26. April 2017  |   State Aid Uncovered by Phedon Nicolaides

A Postscript on Brexit and State Aid
State Aid Blogs - m 21
A short note on the previous blog post on State aid control in the UK after its withdrawal from the EU.   A few weeks ago, I wrote an article on State aid control in the UK after its withdrawal from the European Union [http://stateaidhub.eu/blogs/stateaiduncovered/post/8330]. In that article I suggested that the UK would maintain the same or a similar […]
read more
No Comments
25. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Public Support for Nature Conservation is not State Aid
State Aid Blogs - m 22
A nominal price may be charged for genuine non-economic services as long as it supports the achievement of the non-economic objective and covers only a small part of total costs.   Introduction Germany notified two measures of support for nature conservation in Saxony-Anhalt. Measure 1 [SA.45645] concerned projects of nature conservation and landscape maintenance.[1] Measure 2 [SA.46073] concerned aid to associations […]
read more
No Comments
18. April 2017  |   State Aid Uncovered by Phedon Nicolaides

Ex Post Definition of the Method of Compensation Makes State Aid Incompatible with the Internal Market
State Aid Blogs - m 23
Compliance with public service obligations imposed on a provider of services of general economic interest should not be left to the discretion of that provider.   Introduction Last week’s article examined a public service obligation for providing maritime links to Corsica (view it here: http://stateaidhub.eu/blogs/stateaiduncovered/post/8370). This week’s article reviews a similar obligation for maritime links to the neighbouring island of Sardinia. […]
read more
No Comments
11. April 2017  |   State Aid Uncovered by Phedon Nicolaides

The Need for Public Services Is Shown by Absence of Private Services
State Aid Blogs - m 24
The scope of public service obligations must be proportional to the identified market failure.   Introduction On 1 March 2017, the General Court dismissed the application of Societe Nationale Maritime Corse Mediterranee [SNCM] against the Commission [case T-454/13, SNCM v Commission].[1] The Commission had found in decision 2013/435 that SNCM received incompatible State aid that had to be recovered. SNCM carried […]
read more
No Comments
4. April 2017  |   State Aid Uncovered by Phedon Nicolaides

State Aid on the Day after the Exit of the UK from the EU
State Aid Blogs - m 25
The UK will “take back control” over State aid. With it will come the challenge of following EU law and practice. Introduction Last June I wrote an article on how the withdrawal of the UK from the EU could affect the application of State aid rules in the UK. The article concluded with the following prediction. “The UK will soon […]
read more
2 Comments
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 […]
read more
No Comments
28. March 2017  |   State Aid Uncovered by Phedon Nicolaides

Altmark Requires Efficiency; Article 106(2) TFEU Does Not!
State Aid Blogs - m 26
The provider of a service of general economic interest does not have to be more efficient than the “typical undertaking” in its sector.   Introduction   On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission.[1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in […]
read more
No Comments
21. March 2017  |   State Aid Uncovered by Phedon Nicolaides

Support for Illiquid but Solvent Banks
State Aid Blogs - m 27
State aid may be granted to solvent banks which face temporary liquidity difficulties.   Introduction State aid rules have their own logic and are applied independently of other policy areas. However, in certain situations, the Commission enforces State aid rules in conjunction with linked provisions in other fields. A typical example is taxes levied on agricultural products to raise revenue […]
read more
No Comments
14. March 2017  |   State Aid Uncovered by Phedon Nicolaides

PART II: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures
State Aid Blogs - 21.11.State resources State control
A well-designed State aid measure is preceded by a rigorous ex ante study that identifies market failure. The objectives of a well-designed measure address directly the nature and magnitude of the identified market failure. Read PART I: Ex Ante Assessment and Ex Post Evaluation of Risk Finance Measures from 7 March 2017. Ex Post Evaluation Plan Ex post evaluation focuses on i) […]
read more
No Comments
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 […]
read more
No Comments
« Previous PageNext Page »

2. August 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid Rules and Transfer Pricing
State Aid Blogs - m 40
Tax rulings on transfer pricing have to approximate market-based outcomes.   Introduction Twenty years ago, the European Commission initiated discussion on how State aid rules could apply to direct taxation. In 1998 it adopted its Notice on direct business taxation. At about the same time the Commission launched several formal investigations which culminated in negative decisions. In 2013 and 2014, […]
read more
No Comments
28. July 2016  |   State Aid Uncovered by Lexxion Publisher

New Video: If you want to learn more about State aid issues…
State Aid Blogs - m 21 1
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   7 weeks ago we started our new State aid journey on YouTube and thank you for viewing our videos, commenting and subscribing to our channel! Today […]
read more
No Comments
26. July 2016  |   State Aid Uncovered by Phedon Nicolaides

Compatible State Aid May Have Negative Effects on some Market Operators
State Aid Blogs - m 22 1
The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators.   […]
read more
No Comments
21. July 2016  |   State Aid Uncovered by Lexxion Publisher

New Video: Which types of State aid are compatible with the internal market?
State Aid Blogs - m 21 1
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   Last week Phedon Nicolaides gave examples of „good aid“. Today he explains which types of State aid are compatible with the internal market, such as environmental aid, regional development […]
read more
No Comments
18. July 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Electricity Intensive Users
State Aid Blogs - m 23 1
The risk of relocation outside the EU is not accepted as a justification for the granting of State aid.   Introduction The European Commission has had to assess many measures of State aid to producers of electricity from renewable energy sources [RES producers or “green” electricity producers] and to intensive users of electricity [EIUs]. The former have benefitted from investment […]
read more
No Comments
14. July 2016  |   State Aid Uncovered by Lexxion Publisher

New Video: When Is State Aid Allowed and What Is „Good Aid“?
State Aid Blogs - m 21 1
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   Last week Phedon Nicolaides gave „Practical Examples of State aid“, today he addresses the question „What type of aid is allowed?“. This aid is called „good aid“. […]
read more
No Comments
12. July 2016  |   State Aid Uncovered by Phedon Nicolaides

State Aid Modernisation: First Results
State Aid Blogs - m 19 1
There has been an impressive increase in the use of the General Block Exemption Regulation. However, Member States still notify measures which are acknowledged by the Commission with “comfort letters”.   Introduction[1] In May 2012, the European Commission launched its State Aid Modernisation [SAM] initiative. After two years of consultations with the Member States, a set of new State aid […]
read more
No Comments
7. July 2016  |   State Aid Uncovered by Lexxion Publisher

New Video: Practical Examples of State Aid
State Aid Blogs - m 21 1
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   After answering the question “Who can grant State aid?” last week, Phedon Nicolaides today gives you some practical examples of State aid such as subsidies by public authorities, […]
read more
No Comments
5. July 2016  |   State Aid Uncovered by Phedon Nicolaides

PART II: Combining Infrastructure Aid with SGEI Aid
State Aid Blogs - m 36 1
After the spontaneous words on Brexit and State aid last week, I continue with the 2nd part of the post on infrastructure and SGEI today. A provider of services of general economic interest may receive both investment aid and compensation for the extra costs of public service obligations.   Part II: SGEI[1] Member States are free to determine the services […]
read more
No Comments
30. June 2016  |   State Aid Uncovered by Lexxion Publisher

New Video: Who Can Grant State Aid?
yuotube video caption
What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us!   After answering the question “What is State aid?” in his last video, Phedon Nicolaides today speaks about “Who can grant State aid?”. Watch the video, comment and subscribe to […]
read more
No Comments
« Previous PageNext Page »

Subscribe to our newsletter for updates on legal developments, upcoming conferences, workshops, and publications in your areas of interest.

Newsletter: Subscribe now