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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24. March 2015 | State Aid Uncovered by Phedon Nicolaides

Loans for SMEs

Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans. Introduction “Investment for growth” is the slogan which seems to be on everybody’s lips in Brussels. Last Friday, the European […]

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16. March 2015 | State Aid Uncovered by Phedon Nicolaides

Relief from Pension Contributions and Reduction of Taxes

State Aid Blogs - StateAidHub blogpost38 saleofbank

Compensation for structural disadvantages encumbering undertakings is still State aid. Compensation for structural disadvantages encumbering SGEI providers is not State aid only if it satisfies the Altmark criteria. Reductions of excise duties approved by the Council may still be subject to scrutiny by the Commission under State aid rules. Exception of fossil fuel from energy taxes when it is not […]

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10. March 2015 | State Aid Uncovered by Phedon Nicolaides

Non-Economic Activities

State Aid Blogs - 05.12.Imputability of Aid State aidz

Health insurance which is based on the principle of social solidarity is not economic in nature. Solidarity means that citizens have a right to the service in question and the quality of the service they obtain is not linked to the price they pay, if any. Health services which are provided privately for remuneration are economic in nature. Services provided […]

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2. March 2015 | State Aid Uncovered by Phedon Nicolaides

A New but Dubious Concept of Advantage [1]

When the Commission orders recovery of aid that is intended to be passed on to final consumers, it must first calculate the amount, if any, that has been retained by the direct recipients of the aid. If the calculation is too complex, the Commission can delegate that task to national authorities. Introduction On 5 February 2015, the General Court ruled […]

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24. February 2015 | State Aid Uncovered by Phedon Nicolaides

Exclusive Rights

The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction […]

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18. February 2015 | State Aid Uncovered by Phedon Nicolaides

Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines

State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports

Public service obligations must be entrusted by an official act and defined with sufficient precision. Imprecise definition of public service obligations makes it impossible to identify the costs which are caused by such obligations. Consequently, imprecise definition of public service obligations makes it impossible to grant compensation because subsidisation of non-eligible costs cannot be excluded. Compensation may not be granted […]

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9. February 2015 | State Aid Uncovered by Phedon Nicolaides

Restructuring and the Market Economy Investor Principle

Different interventions that aim to finance the same restructuring plan constitute a single measure. A private investor may consider a possible damage of its reputation from laying off workers but the damage has to be quantified. Finance support of employees provides an indirect benefit to the employer. Introduction In this article I review two similar cases: a judgment of […]

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3. February 2015 | State Aid Uncovered by Phedon Nicolaides

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

Security of energy supply can be a service of general economic interest. Avoiding harm to the environment is not one of the principles that underpin the internal market and which may not be violated by State aid measures. Determining whether competition is distorted does not require definition of the relevant markets. This article examines two apparently different but in […]

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26. January 2015 | State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions

Public infrastructure which is not exploited for commercial purposes does not result in an advantage for its users. Undertakings which are subject to different regulatory requirements can be treated differently. Cross-border trade can be affected even when there is no direct provision of cross-border services. Introduction The Leipzig-Halle judgment of 2011 was a shock to public funding of infrastructure […]

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19. January 2015 | State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid

Public funding of infrastructure which is open to any user does not constitute State aid. Public funding for the upgrading/extension of infrastructure in view of expected increase in the number of users is not State aid as long as it is not designed for the specific needs of certain users.Fees charged to users of publicly-funded infrastructure must cover incremental costs […]

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State Aid Uncovered ×

24. March 2015 | State Aid Uncovered by Phedon Nicolaides

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

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26. January 2015 | State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions

3 Comments

19. January 2015 | State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid

4 Comments

« Previous Page Next Page »

State Aid Uncovered ×

24. March 2015 | State Aid Uncovered by Phedon Nicolaides

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

No Comments

26. January 2015 | State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions

3 Comments

19. January 2015 | State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid

4 Comments

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State Aid Uncovered Blog

State Aid Uncovered ×

Loans for SMEs

Relief from Pension Contributions and Reduction of Taxes

Non-Economic Activities

A New but Dubious Concept of Advantage [1]

Exclusive Rights

Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines

Restructuring and the Market Economy Investor Principle

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

Non-Commercial Public Infrastructure: Another Judgment, More Questions

Use of Publicly-Funded Infrastructure without State Aid

State Aid Uncovered ×

Loans for SMEs

Relief from Pension Contributions and Reduction of Taxes

Non-Economic Activities

A New but Dubious Concept of Advantage [1]

Exclusive Rights

Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines

Restructuring and the Market Economy Investor Principle

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

Non-Commercial Public Infrastructure: Another Judgment, More Questions

Use of Publicly-Funded Infrastructure without State Aid

State Aid Uncovered ×

Loans for SMEs

Relief from Pension Contributions and Reduction of Taxes

Non-Economic Activities

A New but Dubious Concept of Advantage [1]

Exclusive Rights

Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines

Restructuring and the Market Economy Investor Principle

i) Environmental Harm Does Not Make State Aid Incompatible with the Internal Market ii) the Market Economy Investor Principle Applied to Monopolies

Non-Commercial Public Infrastructure: Another Judgment, More Questions

Use of Publicly-Funded Infrastructure without State Aid

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