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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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 […]
read more
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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
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 […]
read more
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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 […]
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 […]
read more
No Comments
24. September 2024  |   State Aid Uncovered by Phedon Nicolaides

Calculation of the Funding Gap of an Infrastructure Project that May also Benefit from Future Public Funding
State Aid Blogs - State Aid Uncovered photos 12
Introduction The Commission recently approved State aid granted by Czech Republic for the construction of a multifunctional arena in Brno, with a capacity of 13300 visitors [see SA.58891]. The aid measure was unusual because it foresaw possible future public funding to cover certain financial costs in case the net operating revenue would not be enough. However, the Commission approved possible […]
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9. June 2016  |   Guest State Aid Blog by Lexxion Publisher

State Aid Goes YouTube: Visit Phedon Nicolaides on our YouTube Channel
lexxion logo and eu flags
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 […]
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2. June 2016  |   Guest State Aid Blog by Erika Ellyne

Frucona Revisited: Confusing EDF and Placing the Burden of Proof Where it Belongs
computer kayboard
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 […]
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1. June 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – June 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 09/06/2016   Judgment in Case T-162/13 – Magic Mountain Kletterhallen and Others v Commission (General […]
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2. May 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – May 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.   Tuesday 10/05/2016 Judgment in Case T-47/15 – Germany v Commission (General Court – Third Chamber)   […]
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4. April 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – April 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 14/04/2016 Judgment in Case C-100/15 P – Netherlands Maritime Technology Association v Commission (Court of […]
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4. March 2016  |   Guest State Aid Blog by G. Guðmundsson

Being a Competition and State Aid Trainee at the EFTA Surveillance Authority
efta
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 […]
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3. March 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – March 2016
gavel
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 […]
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1. February 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – February 2016
State Aid Blogs - m 33
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 […]
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1. January 2016  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – January 2016
gavel
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 […]
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12. December 2015  |   Guest State Aid Blog by Lexxion Publisher

Top 3 State Aid Blog Posts from 2015
fireworks
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 […]
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