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 ×

3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
No Comments
26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
read more
No Comments
19. November 2024  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 21
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
12. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support Production of Penicillin in the EU
State Aid Blogs - State Aid Uncovered photos 19
Introduction The Commission’s block exemption regulations and the guidelines do not cover exhaustively State aid for all conceivable policy objectives. For example, there are no specific rules on investment subsidies for large enterprises in non-assisted regions. This does not mean that Member States may not grant State aid to a large company to manufacture a product they consider important. Rather, […]
read more
No Comments
5. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support “Applied Research” in Solid-State Batteries
State Aid Blogs - State Aid Uncovered photos 11
Introduction France notified a measure to grant State aid to ProLogium for the implementation of the Promotheus R&D project which concerned the development of solid-state batteries [SSB] for electric vehicles. ProLogium is a large enterprise with 758 employees. The Commission approved the measure in decision SA.106740.[1] The aid measure has several unusual features. First, ProLogium committed to disseminate the scientific […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

An Unusual SGEI
State Aid Blogs - State Aid Uncovered photos 16
Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

The Territorial Tax Systems May also Tax Profits Diverted Abroad
State Aid Blogs - State Aid Uncovered photos 15
Introduction Taxes are burdens on undertakings. They cannot be State aid. However, tax exemptions or reductions can be State aid if they cannot be objectively justified. When a tax measure is in the form of a reduction or exemption, it is relatively easy to establish its selectivity in the meaning of Article 107(1) TFEU. However, when a tax is levied […]
read more
No Comments
16. October 2024  |   State Aid Uncovered by Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
read more
No Comments
15. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
No Comments
26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
read more
No Comments
19. November 2024  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 21
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
12. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support Production of Penicillin in the EU
State Aid Blogs - State Aid Uncovered photos 19
Introduction The Commission’s block exemption regulations and the guidelines do not cover exhaustively State aid for all conceivable policy objectives. For example, there are no specific rules on investment subsidies for large enterprises in non-assisted regions. This does not mean that Member States may not grant State aid to a large company to manufacture a product they consider important. Rather, […]
read more
No Comments
5. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support “Applied Research” in Solid-State Batteries
State Aid Blogs - State Aid Uncovered photos 11
Introduction France notified a measure to grant State aid to ProLogium for the implementation of the Promotheus R&D project which concerned the development of solid-state batteries [SSB] for electric vehicles. ProLogium is a large enterprise with 758 employees. The Commission approved the measure in decision SA.106740.[1] The aid measure has several unusual features. First, ProLogium committed to disseminate the scientific […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

An Unusual SGEI
State Aid Blogs - State Aid Uncovered photos 16
Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

The Territorial Tax Systems May also Tax Profits Diverted Abroad
State Aid Blogs - State Aid Uncovered photos 15
Introduction Taxes are burdens on undertakings. They cannot be State aid. However, tax exemptions or reductions can be State aid if they cannot be objectively justified. When a tax measure is in the form of a reduction or exemption, it is relatively easy to establish its selectivity in the meaning of Article 107(1) TFEU. However, when a tax is levied […]
read more
No Comments
16. October 2024  |   State Aid Uncovered by Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
read more
No Comments
15. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments
« Previous PageNext Page »

State Aid Uncovered ×

3. December 2024  |   State Aid Uncovered by Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 24
Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]
read more
No Comments
26. November 2024  |   State Aid Uncovered by Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act
State Aid Blogs - State Aid Uncovered photos 23
Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]
read more
No Comments
19. November 2024  |   State Aid Uncovered by Phedon Nicolaides

Public Funding of Healthcare Services Based on the Principle of Social Solidarity Is not State Aid
State Aid Blogs - State Aid Uncovered photos 21
Introduction In June 2016, the Commission received a complaint from the Medical Chamber of Slovenia – a professional organisation of private medical doctors and dentists practicing in Slovenia – concerning alleged State aid granted by Slovenia to public hospitals and public healthcare centres. With decision SA.45844, the Commission recently decided that the public funding of public hospitals and healthcare centres […]
read more
No Comments
12. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support Production of Penicillin in the EU
State Aid Blogs - State Aid Uncovered photos 19
Introduction The Commission’s block exemption regulations and the guidelines do not cover exhaustively State aid for all conceivable policy objectives. For example, there are no specific rules on investment subsidies for large enterprises in non-assisted regions. This does not mean that Member States may not grant State aid to a large company to manufacture a product they consider important. Rather, […]
read more
No Comments
5. November 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid to Support “Applied Research” in Solid-State Batteries
State Aid Blogs - State Aid Uncovered photos 11
Introduction France notified a measure to grant State aid to ProLogium for the implementation of the Promotheus R&D project which concerned the development of solid-state batteries [SSB] for electric vehicles. ProLogium is a large enterprise with 758 employees. The Commission approved the measure in decision SA.106740.[1] The aid measure has several unusual features. First, ProLogium committed to disseminate the scientific […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

An Unusual SGEI
State Aid Blogs - State Aid Uncovered photos 16
Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]
read more
No Comments
29. October 2024  |   State Aid Uncovered by Phedon Nicolaides

The Territorial Tax Systems May also Tax Profits Diverted Abroad
State Aid Blogs - State Aid Uncovered photos 15
Introduction Taxes are burdens on undertakings. They cannot be State aid. However, tax exemptions or reductions can be State aid if they cannot be objectively justified. When a tax measure is in the form of a reduction or exemption, it is relatively easy to establish its selectivity in the meaning of Article 107(1) TFEU. However, when a tax is levied […]
read more
No Comments
16. October 2024  |   State Aid Uncovered by Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
read more
No Comments
15. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
read more
No Comments
8. October 2024  |   State Aid Uncovered by Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
read more
No Comments
« Previous PageNext Page »

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