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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27. August 2024  |   State Aid Uncovered by Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
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20. August 2024  |   State Aid Uncovered by Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
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13. August 2024  |   State Aid Uncovered by Phedon Nicolaides

A Large Investment Project that is Partly Funded Directly by the EU
State Aid Blogs - State Aid Uncovered photos 6
Introduction In July 2024, the Commission published its decision on State aid measure SA.104269 concerning a large investment project [LIP] undertaken by 3Sun in Italy. 3Sun is a subsidiary of Enel, the Italian energy company that is also one of the largest energy companies in Europe. The project would take place in Catania, a city in the NUTS 2 region […]
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6. August 2024  |   State Aid Uncovered by Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
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30. July 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid
State Aid Blogs - State Aid Uncovered photos 5
Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]
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23. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Electricity Produced from High-Efficiency Combined Heat & Power Plants
State Aid Blogs - State Aid Uncovered photos 4
News: The Commission has approved a draft block exemption regulation declaring certain categories of aid in the rail, inland waterways and multimodal transport sector compatible with the internal market on the basis of Article 93. The draft regulation can be accessed at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202404539 Introduction The EU’s Energy Efficiency Directive [EED] [Directive 2012/27, as last amended in 2023 by Directive 2023/1791] […]
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18. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
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16. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable
State Aid Blogs - State Aid Uncovered photos 2
Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]
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9. July 2024  |   State Aid Uncovered by Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid
State Aid Blogs - State Aid Uncovered photos 1 1
Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]
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2. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Green Energy Certificates
State Aid Blogs - State Aid Uncovered photos 3
Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]
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13. August 2024  |   State Aid Uncovered by Phedon Nicolaides

A Large Investment Project that is Partly Funded Directly by the EU
State Aid Blogs - State Aid Uncovered photos 6
Introduction In July 2024, the Commission published its decision on State aid measure SA.104269 concerning a large investment project [LIP] undertaken by 3Sun in Italy. 3Sun is a subsidiary of Enel, the Italian energy company that is also one of the largest energy companies in Europe. The project would take place in Catania, a city in the NUTS 2 region […]
read more
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6. August 2024  |   State Aid Uncovered by Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence
State Aid Blogs - State Aid Uncovered photos 5
Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]
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30. July 2024  |   State Aid Uncovered by Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid
State Aid Blogs - State Aid Uncovered photos 5
Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]
read more
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23. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Electricity Produced from High-Efficiency Combined Heat & Power Plants
State Aid Blogs - State Aid Uncovered photos 4
News: The Commission has approved a draft block exemption regulation declaring certain categories of aid in the rail, inland waterways and multimodal transport sector compatible with the internal market on the basis of Article 93. The draft regulation can be accessed at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202404539 Introduction The EU’s Energy Efficiency Directive [EED] [Directive 2012/27, as last amended in 2023 by Directive 2023/1791] […]
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18. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Compliance with EU State Aid Rules
State Aid Blogs - State Aid Uncovered photos 3 1
On 8 July 2024, the European Court of Auditors published its Overview of the Assurance Framework and the Key Factors Contributing to Errors in 2014-2020 Cohesion Spending, (Review 3, 2024) The main findings of the ECA concerning compliance with State aid rules can be summarised in the following two tables. 1) Most frequent errors [2018-22] (% of all errors) and […]
read more
No Comments
16. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Repayment of Incompatible State Aid Is Inescapable
State Aid Blogs - State Aid Uncovered photos 2
Introduction Companies may pay taxes in several Member States of the EU or in third countries. This fact by itself has no bearing in an assessment of whether preferential tax treatment in a Member State may constitute State aid. However, it becomes relevant when incompatible aid is to be recovered and the granting Member State has to determine the amount […]
read more
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9. July 2024  |   State Aid Uncovered by Phedon Nicolaides

The Commission May Authorise a Public Measure only if it Constitutes State Aid
State Aid Blogs - State Aid Uncovered photos 1 1
Introduction Sometimes the Commission is uncertain whether a public measure constitutes State aid. Nonetheless, it decides not raise objections on the grounds that if the measure constituted State aid, it would be compatible with the internal market. One can understand why the Commission follows this approach. If it is not sure whether a measure falls outside the scope of Article […]
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2. July 2024  |   State Aid Uncovered by Phedon Nicolaides

Green Energy Certificates
State Aid Blogs - State Aid Uncovered photos 3
Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from renewable sources do not normally involve State aid because they are not traded. However, when they are tradeable and are granted by a public authority for free or for a fee that falls below their market value, they normally involve State aid as they confer […]
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18. June 2024  |   State Aid Uncovered by Phedon Nicolaides

Obligations Imposed by the State Cannot Justify Tax Exemptions
State Aid Blogs - State Aid Uncovered photos 18
Introduction Over the past decade or so, the European Commission has found that multiple port operators have benefitted from State aid in the form of tax exemptions. This aid was in all cases found to be incompatible with the internal market, despite the claims of the port operators that the state had imposed on the public service obligations or that […]
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11. June 2024  |   State Aid Uncovered by Phedon Nicolaides

Member States May Grant State Aid to Single Beneficiaries
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Introduction The European Court of Justice confirmed, once more, on 30 May 2024, in case C-353/21 P, Ryanair v Commission, that Member States do not have to grant State aid to all undertakings that may be affected by a serious economic disturbance such as a pandemic.2 This is because Member States do not have unlimited resources and because they may […]
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27. April 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – May 2015
gavel
Interested in #Stateaid? Get in touch and write a blog post or a comment for the hub! Stateaidhub[at]lexxion.eu Wednesday 06/05/2015 Judgement in Case C-674/13 Commission v Germany (Court of Justice – Second Chamber) Hearing, Joined Cases T-50/06 RENV II, T-69/06 RENVII Ireland v Commission, Aughinish Alumina v Commission (General Court – First Chamber, Extended Composition)   Wednesday 13/05/2015 Judgement in Case […]
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30. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – April 2015
gavel
Got something to say about State Aid? Want to write something on our Blog? Get in touch with us at Stateaidhub[at]lexxion.eu Thursday 16/04/2015 Judgment in Case C-690/13 Trapeza Eurobank Ergasias (Court of Justice – Ninth Chamber)   Monday 20/04/2015 Hearing in Case C-357/14 P Dunamenti Erőmű v Commission (Court of Justice – Third Chamber)   Wednesday 22/04/2015 Hearing in Case T-499/12 HSH Investment Holdings Coinvest-C and […]
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20. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: Case C‑672/13, OTP Bank Nyrt v Magyar Állam, Magyar Államkincstár
otp bank logo
A quick look at the latest ruling of the CJEU from Thursday 19th March.   In Case C‑672/13 OTP Bank the CJEU responded to preliminary ruling questions from the Hungarian Fővárosi Törvényszék relating to the categorisation of an agency agreement concluded in 2008 between the the Ministry of Local Government, the State Treasury and OTP Bank on the basis of Paragraph 24(15) of […]
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18. March 2015  |   Guest State Aid Blog by Emma Linklater

In Brief: AG Opinion, Case C‑39/14 – Bodenverwertungs- und -verwaltungs GmbH (BVVG), Thomas Erbs, Ursula Erbs v Landkreis Jerichower Land
green field
This note takes a look at the Opinion of AG Cruz Villalón, delivered on Tuesday 17th March (not available in English at the time of posting). In his 80 paragraph Opinion the AG proposed that the CJEU reply to the preliminary reference question from the German Bundesgerichtshof as follows:Article 107 TFEU should be interpreted to mean that a rule of […]
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17. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Roundup of EStAL Intensive Workshop, London
workshop
Interactive Seminar on The Role of the Market Economy Investor Principle (MEIP) | Infrastructure Funding in Compliance with State Aid Rules March 11th 2015 was a busy day for the State Aid crowd who gathered at King’s College in London for an Intensive Workshop organized by Lexxion. First of all we would like to thank all those, both speakers and participants, […]
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5. March 2015  |   Guest State Aid Blog by Gherardo Carullo

Procedures for examining abnormally low tenders as a State aid tool? A note on Case C-568/13 Data Medical Service
hospital
A look at the Court’s ruling of 18th December 2014 and the use of abnormally low tenders in public service contracts as indicators of illegal State subsidies. This short note examines Case C-568/13 Data Medical Service on the award of public service contracts, which is particularly interesting from a State aid perspective. While stressing that there are no exclusions whatsoever – at a […]
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4. March 2015  |   Guest State Aid Blog by Lexxion Publisher

Court’s Diary – March 2015
gavel, animal figures, euros
A look at the month ahead Got something to say about State Aid? You can get in touch with us at  Stateaidhub[at]lexxion.eu  Thursday 05/03/2015 Judgment in Case C-667/13 Banco Privado Português and Massa Insolvente do Banco Privado Português (Court of Justice – Second Chamber)   Friday 06/03/2015 Hearing in Joined Cases T-60/06 RENV II and T-62/06 RENV II Italy v Commission, Eurallumina v Commission (General Court – First Chamber, […]
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26. February 2015  |   Guest State Aid Blog by Lexxion Publisher

In Brief: T-135/12 and T-385/12 France v Commission and Orange v Commission
france telecom orange logo
The General Court confirmed that France granted State aid compatible with the internal market to France Télécom, in accordance with the conditions laid down by the Commission, and dismissed the actions.   The Press Release can be read here and the rulings (in French) here.Last Thursday 26th February the General Court gave its rulings in Cases T-135/12 and T-385/12 France v Commission and Orange v Commission. In […]
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16. February 2015  |   Guest State Aid Blog by Richard Craven

State aid to football clubs in Croatia?
football clubs in Croatia
GNK Dinamo Zagreb: Will the next act of the sports and State aid saga play out in the EU’s newest capital?     The spectre of EU State aid law has loomed over professional club football in Europe since the Commission’s initiation, in 2013, of in-depth investigations into five football clubs in the Netherlands (SA.33584) and seven clubs in Spain […]
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13. February 2015  |   Guest State Aid Blog by Lexxion Publisher

In brief: C-37/14 Commission v France
fruit and vegetables
On Thursday 12th February the CJEU passed down its ruling in C-37/14, finding that France did not take all necessary measures to recover aid illegally granted to the fruit and vegetable sector and thereby failed to fulfil its obligations under Article 288(4) TFEU. The full ruling is available here and the press release can be accessed here. The aid in question concerned ‘contingency plans’ […]
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