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 ×

8. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency
State Aid Blogs - m 5 3
Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient.   Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]
read more
1 Comment
2. September 2015  |   State Aid Uncovered by Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?
State Aid Blogs - m 4 3
Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking.   Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]
read more
No Comments
25. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Challenge of Calculating a Market Price
State Aid Blogs - m 10 2
The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods.   Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]
read more
1 Comment
18. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Why Do some Member States Offer so much Fiscal Aid?
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
Member States differ significantly in their propensity to grant fiscal aid.   Introduction Interest in fiscal aid has been rekindled recently by two unrelated events. First, the Commission opened a number of investigations on the alleged special tax treatment accorded to multinational companies such as Apple and Starbucks. These investigations are believed to be almost completed and the Commission is […]
read more
No Comments
11. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Ex post Evaluation of State Aid Measures
State Aid Blogs - 21.11.State resources State control
Ex post evaluation is not just a “pillar” of State Aid Modernisation. It is also an indispensable tool for understanding the impact and effectiveness of State aid. State aid modernisation and decentralisation   One of the pillars of the Commission’s State Aid Modernisation initiative is the decentralisation of responsibility for the implementation of State aid measures. The decentralisation works by […]
read more
No Comments
4. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources
State Aid Blogs - m 9 2
Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid.   Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]
read more
No Comments
28. July 2015  |   State Aid Uncovered by Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses
State Aid Blogs - m 11 2
A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction   When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]
read more
1 Comment
21. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEIP to Transactions between Parent and Subsidiary Companies
State Aid Blogs - m 1 4
The Market Economy Investor Principle also applies to transactions between related companies. A private investor enjoys a margin of discretion in deciding in favour or against an investment. However, despite that margin of discretion, a prudent private investor always carries out an assessment of the potential profitability of the investment before it commits any money.   Introduction When a public […]
read more
No Comments
14. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Using Loans to Grant De Minimis Aid and GBER Compatible Aid
State Aid Blogs - StateAidHub blogpost23
De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same time ensure that all aid is passed on to the final beneficiary.   Introduction One of the most convenient aid instruments is de minimis aid. It can be used for any purpose [apart from promotion of exports or on condition that domestic products are favoured] […]
read more
No Comments
7. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Privatisation by Splitting the Assets
State Aid Blogs - m 12 2
The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and be carried out on the basis of a competitive procedure. Certain guarantees may be provided to prospective buyers, if they could increase the sale price. The break-up of an undertaking and the disposal of the different parts through separate sales should be shown to generate […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

8. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency
State Aid Blogs - m 5 3
Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient.   Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]
read more
1 Comment
2. September 2015  |   State Aid Uncovered by Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?
State Aid Blogs - m 4 3
Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking.   Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]
read more
No Comments
25. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Challenge of Calculating a Market Price
State Aid Blogs - m 10 2
The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods.   Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]
read more
1 Comment
18. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Why Do some Member States Offer so much Fiscal Aid?
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
Member States differ significantly in their propensity to grant fiscal aid.   Introduction Interest in fiscal aid has been rekindled recently by two unrelated events. First, the Commission opened a number of investigations on the alleged special tax treatment accorded to multinational companies such as Apple and Starbucks. These investigations are believed to be almost completed and the Commission is […]
read more
No Comments
11. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Ex post Evaluation of State Aid Measures
State Aid Blogs - 21.11.State resources State control
Ex post evaluation is not just a “pillar” of State Aid Modernisation. It is also an indispensable tool for understanding the impact and effectiveness of State aid. State aid modernisation and decentralisation   One of the pillars of the Commission’s State Aid Modernisation initiative is the decentralisation of responsibility for the implementation of State aid measures. The decentralisation works by […]
read more
No Comments
4. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources
State Aid Blogs - m 9 2
Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid.   Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]
read more
No Comments
28. July 2015  |   State Aid Uncovered by Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses
State Aid Blogs - m 11 2
A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction   When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]
read more
1 Comment
21. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEIP to Transactions between Parent and Subsidiary Companies
State Aid Blogs - m 1 4
The Market Economy Investor Principle also applies to transactions between related companies. A private investor enjoys a margin of discretion in deciding in favour or against an investment. However, despite that margin of discretion, a prudent private investor always carries out an assessment of the potential profitability of the investment before it commits any money.   Introduction When a public […]
read more
No Comments
14. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Using Loans to Grant De Minimis Aid and GBER Compatible Aid
State Aid Blogs - StateAidHub blogpost23
De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same time ensure that all aid is passed on to the final beneficiary.   Introduction One of the most convenient aid instruments is de minimis aid. It can be used for any purpose [apart from promotion of exports or on condition that domestic products are favoured] […]
read more
No Comments
7. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Privatisation by Splitting the Assets
State Aid Blogs - m 12 2
The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and be carried out on the basis of a competitive procedure. Certain guarantees may be provided to prospective buyers, if they could increase the sale price. The break-up of an undertaking and the disposal of the different parts through separate sales should be shown to generate […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

8. September 2015  |   State Aid Uncovered by Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency
State Aid Blogs - m 5 3
Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient.   Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]
read more
1 Comment
2. September 2015  |   State Aid Uncovered by Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?
State Aid Blogs - m 4 3
Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking.   Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]
read more
No Comments
25. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Challenge of Calculating a Market Price
State Aid Blogs - m 10 2
The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods.   Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]
read more
1 Comment
18. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Why Do some Member States Offer so much Fiscal Aid?
State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement
Member States differ significantly in their propensity to grant fiscal aid.   Introduction Interest in fiscal aid has been rekindled recently by two unrelated events. First, the Commission opened a number of investigations on the alleged special tax treatment accorded to multinational companies such as Apple and Starbucks. These investigations are believed to be almost completed and the Commission is […]
read more
No Comments
11. August 2015  |   State Aid Uncovered by Phedon Nicolaides

Ex post Evaluation of State Aid Measures
State Aid Blogs - 21.11.State resources State control
Ex post evaluation is not just a “pillar” of State Aid Modernisation. It is also an indispensable tool for understanding the impact and effectiveness of State aid. State aid modernisation and decentralisation   One of the pillars of the Commission’s State Aid Modernisation initiative is the decentralisation of responsibility for the implementation of State aid measures. The decentralisation works by […]
read more
No Comments
4. August 2015  |   State Aid Uncovered by Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources
State Aid Blogs - m 9 2
Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid.   Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]
read more
No Comments
28. July 2015  |   State Aid Uncovered by Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses
State Aid Blogs - m 11 2
A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction   When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]
read more
1 Comment
21. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Application of the MEIP to Transactions between Parent and Subsidiary Companies
State Aid Blogs - m 1 4
The Market Economy Investor Principle also applies to transactions between related companies. A private investor enjoys a margin of discretion in deciding in favour or against an investment. However, despite that margin of discretion, a prudent private investor always carries out an assessment of the potential profitability of the investment before it commits any money.   Introduction When a public […]
read more
No Comments
14. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Using Loans to Grant De Minimis Aid and GBER Compatible Aid
State Aid Blogs - StateAidHub blogpost23
De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same time ensure that all aid is passed on to the final beneficiary.   Introduction One of the most convenient aid instruments is de minimis aid. It can be used for any purpose [apart from promotion of exports or on condition that domestic products are favoured] […]
read more
No Comments
7. July 2015  |   State Aid Uncovered by Phedon Nicolaides

Privatisation by Splitting the Assets
State Aid Blogs - m 12 2
The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and be carried out on the basis of a competitive procedure. Certain guarantees may be provided to prospective buyers, if they could increase the sale price. The break-up of an undertaking and the disposal of the different parts through separate sales should be shown to generate […]
read more
No Comments
« Previous PageNext Page »

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