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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State Aid Uncovered ×

10. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
read more
No Comments
4. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
read more
No Comments
27. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
read more
No Comments
20. October 2015  |   State Aid Uncovered by Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
read more
No Comments
13. October 2015  |   State Aid Uncovered by Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
read more
No Comments
5. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
read more
No Comments
29. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
read more
No Comments
25. September 2015  |   State Aid Uncovered by Phedon Nicolaides

New State Aid Regulations
sign
Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other things, notification of state aid, formal investigation, injunctions and recovery of incompatible aid. Because of its importance in the EU system of state aid control, it will be fully reviewed at a forthcoming article. In the Official Journal of 24 September 2015 you will find […]
read more
No Comments
22. September 2015  |   State Aid Uncovered by Phedon Nicolaides

The Pricing of Access to an Important Project of Common European Interest
State Aid Blogs - m 7 2
Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid must be necessary and proportional even if access fees are regulated.   Introduction This article examines Commission decision SA.39078 concerning the Fehmarn belt fixed link in Denmark.[1] This […]
read more
No Comments
15. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Public Service Obligations and Compensation for Damage
State Aid Blogs - m 6 3
Compensation for public service obligations is compatible with the internal market when, at minimum, a PSO is well defined in an entrustment constituting an official act of a public authority, the revenues and costs of the PSO are clearly identified and separated from other commercial activities and the compensation does not exceed the net extra costs of the PSO. Compensation […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

10. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
read more
No Comments
4. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
read more
No Comments
27. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
read more
No Comments
20. October 2015  |   State Aid Uncovered by Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
read more
No Comments
13. October 2015  |   State Aid Uncovered by Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
read more
No Comments
5. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
read more
No Comments
29. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
read more
No Comments
25. September 2015  |   State Aid Uncovered by Phedon Nicolaides

New State Aid Regulations
sign
Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other things, notification of state aid, formal investigation, injunctions and recovery of incompatible aid. Because of its importance in the EU system of state aid control, it will be fully reviewed at a forthcoming article. In the Official Journal of 24 September 2015 you will find […]
read more
No Comments
22. September 2015  |   State Aid Uncovered by Phedon Nicolaides

The Pricing of Access to an Important Project of Common European Interest
State Aid Blogs - m 7 2
Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid must be necessary and proportional even if access fees are regulated.   Introduction This article examines Commission decision SA.39078 concerning the Fehmarn belt fixed link in Denmark.[1] This […]
read more
No Comments
15. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Public Service Obligations and Compensation for Damage
State Aid Blogs - m 6 3
Compensation for public service obligations is compatible with the internal market when, at minimum, a PSO is well defined in an entrustment constituting an official act of a public authority, the revenues and costs of the PSO are clearly identified and separated from other commercial activities and the compensation does not exceed the net extra costs of the PSO. Compensation […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

10. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Sale of Public Land and Conditions for Credible Expert Valuation
State Aid Blogs - m 2 4
The value of land corresponds to its market price that can be determined through open and unconditional bidding. If a price cannot be determined through bidding, then expert valuation is an alternative method for establishing the value of land. Expert valuation has to be carried out ex ante, by a recognised independent surveyor, on the basis of reasonable assumptions and […]
read more
No Comments
4. November 2015  |   State Aid Uncovered by Phedon Nicolaides

Economic Continuity and Recovery of Incompatible State Aid
State Aid Blogs - m 1 4
Incompatible State aid must be recovered from “successor” companies which acquire previously aided companies and enable the latter to continue their operations without any change.     Introduction In this article I review two decisions in which the Commission determined that incompatible aid had to be recovered from “successor” companies. Those were companies which had obtained the assets of the […]
read more
No Comments
27. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The Perennial Altmark Questions
State Aid Blogs - m 5 2
A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives.   Introduction Even since the Altmark judgment of July 2003, public authorities […]
read more
No Comments
20. October 2015  |   State Aid Uncovered by Phedon Nicolaides

Should State Aid that Is Passed on to Consumers Not be Recovered?
State Aid Blogs - 10.10. Stateaid deminimis calculator
Should the amount of recoverable aid be similarly reduced by the amount that is allegedly passed on to consumers? I will argue the case against it.   Introduction On 5 February 2015, the General Court, in cases T-473/12, Aer Lingus v Commission[1] and T-500/12, Ryanair v Commission[2], annulled Article 4 of Commission Decision 2013/199. In that decision the Commission found that a […]
read more
No Comments
13. October 2015  |   State Aid Uncovered by Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains
State Aid Blogs - StateAidHub blogpost38 saleofbank
When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation.     Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]
read more
No Comments
5. October 2015  |   State Aid Uncovered by Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights
State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial
In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]
read more
No Comments
29. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT
State Aid Blogs - ashim d silva pGcqw1ARGyg unsplash
A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]
read more
No Comments
25. September 2015  |   State Aid Uncovered by Phedon Nicolaides

New State Aid Regulations
sign
Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other things, notification of state aid, formal investigation, injunctions and recovery of incompatible aid. Because of its importance in the EU system of state aid control, it will be fully reviewed at a forthcoming article. In the Official Journal of 24 September 2015 you will find […]
read more
No Comments
22. September 2015  |   State Aid Uncovered by Phedon Nicolaides

The Pricing of Access to an Important Project of Common European Interest
State Aid Blogs - m 7 2
Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid must be necessary and proportional even if access fees are regulated.   Introduction This article examines Commission decision SA.39078 concerning the Fehmarn belt fixed link in Denmark.[1] This […]
read more
No Comments
15. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Public Service Obligations and Compensation for Damage
State Aid Blogs - m 6 3
Compensation for public service obligations is compatible with the internal market when, at minimum, a PSO is well defined in an entrustment constituting an official act of a public authority, the revenues and costs of the PSO are clearly identified and separated from other commercial activities and the compensation does not exceed the net extra costs of the PSO. Compensation […]
read more
No Comments
« Previous PageNext Page »

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