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 […]
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.
21. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
14. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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. […]
9. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
17. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
10. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
7. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
3. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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, […]
26. November 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
19. November 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
21. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
14. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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. […]
9. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
17. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
10. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
7. January 2025 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
3. December 2024 |
State Aid Uncovered
by Phedon Nicolaides
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, […]
26. November 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
19. November 2024 |
State Aid Uncovered
by Phedon Nicolaides
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 […]
12. November 2024 |
State Aid Uncovered
by Phedon Nicolaides
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, […]
9. June 2016 |
Guest State Aid Blog
by Lexxion Publisher
What is State aid? Why do I need to be concerned about State aid? What is General Block Exemption Regulation (GBER) and how to use it? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! With great pleasure we announce the beginning of a new era of e-learning about […]
2. June 2016 |
Guest State Aid Blog
by Erika Ellyne
We are happy to welcome Erika Ellyne on the State Aid Blog today. She is a lawyer at Van Bael & Bellis law firm where she works on EU competition law matters. Previously she was a researcher at the VUB University and the LSTS research center, where she is still an affiliate. Today she gives her insights on the Frucona […]
1. June 2016 |
Guest State Aid Blog
by Lexxion Publisher
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 09/06/2016 Judgment in Case T-162/13 – Magic Mountain Kletterhallen and Others v Commission (General […]
2. May 2016 |
Guest State Aid Blog
by Lexxion Publisher
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. Tuesday 10/05/2016 Judgment in Case T-47/15 – Germany v Commission (General Court – Third Chamber) […]
4. April 2016 |
Guest State Aid Blog
by Lexxion Publisher
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 14/04/2016 Judgment in Case C-100/15 P – Netherlands Maritime Technology Association v Commission (Court of […]
4. March 2016 |
Guest State Aid Blog
by G. Guðmundsson
We are happy to welcome two young professionals on the State Aid Blog today. Guðmundur Guðmundsson and Amie Eliassen are trainees at EFTA Surveillance Authority in the Competition and State Aid Directorate and give their insights on working in this dynamic and multicultural work environment. You want to apply for a traineeship yourself? Read on for more information. The […]
3. March 2016 |
Guest State Aid Blog
by Lexxion Publisher
Find below the court’s diary for all State aid cases. 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. Tuesday 01/03/2016 Judgment in Case T-79/14 – Secop v Commission (General Court – First Chamber) Thursday 03/03/2016 Judgment […]
1. February 2016 |
Guest State Aid Blog
by Lexxion Publisher
Find below the court’s diary for all State aid cases. 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 04/02/2016 Judgment in Case T-287/11 – Heitkamp BauHolding v Commission (General Court – Ninth Chamber) Judgment in […]
1. January 2016 |
Guest State Aid Blog
by Lexxion Publisher
Find below the court’s diary for all State aid cases. 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 28/01/2016 Judgment in T-507/12 -Slovenia v Commission (General Court – Fifth Chamber) Do you know we also publish […]
12. December 2015 |
Guest State Aid Blog
by Lexxion Publisher
From Amazon’s ‘advance pricing agreement’ over State aid to the Hungarian electricity market to Black Cabs’ exclusive rights in London, our guest bloggers on the StateAidHub have shed light on various controversial State aid judgments and developments. View now the most popular posts of 2015. As 2015 and therefore the StateAidHub’s first year draws to a close, we thank […]