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. 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
9. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Restructuring and the Market Economy Investor Principle
State Aid Blogs - m 20 2
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 […]
read more
No Comments
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
State Aid Blogs - m 21 2
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 […]
read more
No Comments
26. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions
State Aid Blogs - m 23 2
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 […]
read more
3 Comments
19. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid
State Aid Blogs - m 22 2
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 […]
read more
4 Comments
12. January 2015  |   State Aid Uncovered by Phedon Nicolaides

“Good” Procedures Make “Good” State Aid: Ex Ante Conditionality for Effective Application of EU State Aid Rules
State Aid Blogs - 21.11.State resources State control
Structural fund rules for the period 2014-2020 define ex ante conditionalities that have to be satisfied by Managing Authorities that use EU funds to grant State aid. The ex ante conditionalities aim to strengthen the administrative capacity of Managing Authorities to grant State aid correctly. The European Commission has issued guidance on arrangements that can lead to improved administrative capacity. […]
read more
No Comments
5. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Tax Measures with Specific Objectives Can still Be General
State Aid Blogs - m 24 2
A tax measure that applies to certain transactions is not selective if it does not preclude any company or type of asset. Conditions for the application of a tax measure may be justified by the logic of the tax system. The Commission may not use Article 107(3) to assess the compatibility with the internal market of a tax measure that […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

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
9. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Restructuring and the Market Economy Investor Principle
State Aid Blogs - m 20 2
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 […]
read more
No Comments
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
State Aid Blogs - m 21 2
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 […]
read more
No Comments
26. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions
State Aid Blogs - m 23 2
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 […]
read more
3 Comments
19. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid
State Aid Blogs - m 22 2
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 […]
read more
4 Comments
12. January 2015  |   State Aid Uncovered by Phedon Nicolaides

“Good” Procedures Make “Good” State Aid: Ex Ante Conditionality for Effective Application of EU State Aid Rules
State Aid Blogs - 21.11.State resources State control
Structural fund rules for the period 2014-2020 define ex ante conditionalities that have to be satisfied by Managing Authorities that use EU funds to grant State aid. The ex ante conditionalities aim to strengthen the administrative capacity of Managing Authorities to grant State aid correctly. The European Commission has issued guidance on arrangements that can lead to improved administrative capacity. […]
read more
No Comments
5. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Tax Measures with Specific Objectives Can still Be General
State Aid Blogs - m 24 2
A tax measure that applies to certain transactions is not selective if it does not preclude any company or type of asset. Conditions for the application of a tax measure may be justified by the logic of the tax system. The Commission may not use Article 107(3) to assess the compatibility with the internal market of a tax measure that […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

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
9. February 2015  |   State Aid Uncovered by Phedon Nicolaides

Restructuring and the Market Economy Investor Principle
State Aid Blogs - m 20 2
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 […]
read more
No Comments
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
State Aid Blogs - m 21 2
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 […]
read more
No Comments
26. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Non-Commercial Public Infrastructure: Another Judgment, More Questions
State Aid Blogs - m 23 2
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 […]
read more
3 Comments
19. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Use of Publicly-Funded Infrastructure without State Aid
State Aid Blogs - m 22 2
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 […]
read more
4 Comments
12. January 2015  |   State Aid Uncovered by Phedon Nicolaides

“Good” Procedures Make “Good” State Aid: Ex Ante Conditionality for Effective Application of EU State Aid Rules
State Aid Blogs - 21.11.State resources State control
Structural fund rules for the period 2014-2020 define ex ante conditionalities that have to be satisfied by Managing Authorities that use EU funds to grant State aid. The ex ante conditionalities aim to strengthen the administrative capacity of Managing Authorities to grant State aid correctly. The European Commission has issued guidance on arrangements that can lead to improved administrative capacity. […]
read more
No Comments
5. January 2015  |   State Aid Uncovered by Phedon Nicolaides

Tax Measures with Specific Objectives Can still Be General
State Aid Blogs - m 24 2
A tax measure that applies to certain transactions is not selective if it does not preclude any company or type of asset. Conditions for the application of a tax measure may be justified by the logic of the tax system. The Commission may not use Article 107(3) to assess the compatibility with the internal market of a tax measure that […]
read more
No Comments
« Previous PageNext Page »

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