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 ×

20. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Land Development
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time.   Introduction The article examines Commission decision 2015/507 concerning the sale […]
read more
No Comments
13. April 2015  |   State Aid Uncovered by Phedon Nicolaides

PART II: Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Part II: Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to […]
read more
No Comments
7. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to imported electricity. […]
read more
No Comments
1. April 2015  |   State Aid Uncovered by Phedon Nicolaides

State Guarantees
State Aid Blogs - StateAidHub blogpost39 promotionalbank
The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any remedy under EU law. Introduction   Last week’s article examined State aid in the […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
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 […]
read more
No Comments
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 […]
read more
No Comments
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 […]
read more
No Comments
2. March 2015  |   State Aid Uncovered by Phedon Nicolaides

A New but Dubious Concept of Advantage [1]
State Aid Blogs - m 18 2
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 […]
read more
No Comments
24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
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   […]
read more
No Comments
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 […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

20. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Land Development
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time.   Introduction The article examines Commission decision 2015/507 concerning the sale […]
read more
No Comments
13. April 2015  |   State Aid Uncovered by Phedon Nicolaides

PART II: Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Part II: Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to […]
read more
No Comments
7. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to imported electricity. […]
read more
No Comments
1. April 2015  |   State Aid Uncovered by Phedon Nicolaides

State Guarantees
State Aid Blogs - StateAidHub blogpost39 promotionalbank
The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any remedy under EU law. Introduction   Last week’s article examined State aid in the […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
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 […]
read more
No Comments
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 […]
read more
No Comments
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 […]
read more
No Comments
2. March 2015  |   State Aid Uncovered by Phedon Nicolaides

A New but Dubious Concept of Advantage [1]
State Aid Blogs - m 18 2
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 […]
read more
No Comments
24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
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   […]
read more
No Comments
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 […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

20. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Land Development
State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs
The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time.   Introduction The article examines Commission decision 2015/507 concerning the sale […]
read more
No Comments
13. April 2015  |   State Aid Uncovered by Phedon Nicolaides

PART II: Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Part II: Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to […]
read more
No Comments
7. April 2015  |   State Aid Uncovered by Phedon Nicolaides

Green Electricity and Reduction of Energy Taxes for Energy-Intensive Users
State Aid Blogs - m 27 1
Support of electricity production from renewable energy sources is normally compatible with the internal market. Reduction of taxes on electricity used by energy-intensive industries is allowed only for certain sectors exposed to international trade and only when they bear a certain cost. Taxes on imported electricity normally infringe free-trade and non-discrimination provisions, unless commensurate benefits are extended to imported electricity. […]
read more
No Comments
1. April 2015  |   State Aid Uncovered by Phedon Nicolaides

State Guarantees
State Aid Blogs - StateAidHub blogpost39 promotionalbank
The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any remedy under EU law. Introduction   Last week’s article examined State aid in the […]
read more
No Comments
24. March 2015  |   State Aid Uncovered by Phedon Nicolaides

Loans for SMEs
State Aid Blogs - m 17 2
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 […]
read more
No Comments
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 […]
read more
No Comments
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 […]
read more
No Comments
2. March 2015  |   State Aid Uncovered by Phedon Nicolaides

A New but Dubious Concept of Advantage [1]
State Aid Blogs - m 18 2
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 […]
read more
No Comments
24. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Exclusive Rights
State Aid Blogs - m 19 2
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   […]
read more
No Comments
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 […]
read more
No Comments
« Previous PageNext Page »

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