Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C‑197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (C‑203/11).[1] The judgment which was rendered on 8 May 2013 is important because it addresses several issues concerning public service obligations, their relationship with […]
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.
20. May 2013 |
State Aid Uncovered
by Phedon Nicolaides
9. May 2013 |
State Aid Uncovered
by Phedon Nicolaides
This posting examines an Irish and a German measure concerning reduction in passenger taxes. As to be expected, an important issue for both measures was whether the reduction was selective or not. The analysis of the Commission does not really break new ground. What is more instructive with these two cases is the range and ingenuity of the arguments advanced […]
1. May 2013 |
State Aid Uncovered
by Phedon Nicolaides
Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to those institutions. This is an unusual construction because the direct beneficiaries are different from the indirect beneficiaries which, however, are the main targets of the measure. This construction has been used rather extensively in […]
21. April 2013 |
State Aid Uncovered
by Phedon Nicolaides
Introduction: The need for evaluation The State Aid Modernisation that was launched by the European Commission in May 2012 aims primarily to channel State aid to remedying genuine market failure. Subsequent policy documents have all been based on this underlying aim: to ensure that State aid is truly needed and effective in addressing market failure. The need and effectiveness of […]
12. April 2013 |
State Aid Uncovered
by Phedon Nicolaides
Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]
7. April 2013 |
State Aid Uncovered
by Phedon Nicolaides
Introduction In the previous posting I examined the funding of a regional airport. In this posting I look at a case concerning an airline; more specifically, the sale of three subsidiaries of Polish airline LOT.[1] During the past five or so years, the Commission has had to deal with many measures involving different kinds of public support to airlines [e.g. Alitalia, […]
30. March 2013 |
State Aid Uncovered
by Phedon Nicolaides
During the past 18 months or so, the European Commission has launched more than 20 investigations in the funding of regional airports and the arrangements that these airports have concluded with budget airlines such as Ryanair. This posting analyses a very recent Commission decision which found that no State aid was granted to either the airport operator or Ryanair. This […]
25. March 2013 |
State Aid Uncovered
by Phedon Nicolaides
On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an earlier ruling of the General Court in case T 425/04 France and Others v Commission which annulled Article 1 of Commission Decision 2006/621 […]
16. March 2013 |
State Aid Uncovered
by Phedon Nicolaides
This post examines the two latest judgments of EU courts on State aid. They do not introduce any novel approaches to the interpretation of Article 107(1) TFEU but they confirm and clarify the obligations of the State in its dealings with undertakings. T-387/11, Nitrogenmuvek Vegyipari v European Commission On 27 February 2013, the General Court rendered its judgment in […]
8. March 2013 |
State Aid Uncovered
by Phedon Nicolaides
The obligation of the state to act as a private vendor When a public authority sells an asset to an undertaking, it must sell it at market price. The case law is clear on this point, especially with respect to the sale of public land or a building. Such a sale may constitute state aid “where it is not […]
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The Court of Justice
Recent Posts
- The Commission Must Explain Sufficiently its Decisions and Must Take into Account all Relevant Information
- State Aid to Support Investment in Semiconductors
- An Undertaking in Extraordinary Administration is an Undertaking in Difficulty
- Green Shipping
- Compensation Awarded to Two Dutch Coal-Fired Electricity Plants Is not State Aid
- Faulty Interpretation of the Concept of State Aid Can Be a Serious Breach of EU Law
- Compensation for Withdrawing Agricultural Land from Production
- Relief for Energy Intensive Users
- Deviations from the EU’s VAT Rules May Constitute State Aid
- Agricultural Insurance and Incentive Effect
Recent Comments
- Phedon Nicolaides in "Identification of Undertakings in Difficulty"
- Martyn Williams in "Identification of Undertakings in Difficulty"
- Stuart in "Identification of Undertakings in Difficulty"
- Phedon Nicolaides in "Identification of Undertakings in Difficulty"
- Phedon Nicolaides in "Non-recovery of Incompatible State aid Is Costly"
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