15th Jubilee Feature – State Aid Experts Paying Court to EStAL: Mihalis Kekelekis

Since 2002 Lexxion Publisher’s European State Aid Law Quarterly – EStAL serves as a forum for dialogue and deliberation on all issues related to State aid. On the occasion of our 15th anniversary special feature we have gathered our State aid family to reflect upon their joint journey together with our precious EStAL and of course our favourite topic State aid. Throughout our jubilee year we will introduce you to our State aid aficionados providing original and behind-the-scenes insights into our community of experts including our distinct editorial board members, country correspondents, regular contributors and more.

Today we welcome Mihalis Kekelekis, one of our regular speakers at State aid events and author of EStAL, from the EFTA Surveillance Authority to the StateAidHub. What’s his deal with State aid and in particular the adoption of Regulation 1370/2007?

When and how did you get involved with State aid Law?

In 2003, I applied for a vacancy at the European Institute of Public Administration in Maastricht (EIPA) to work together with Professor Phedon Nicolaides as a State aid researcher. After having spent 9 years at EIPA, I moved to the EFTA Surveillance Authority to deal with State aid enforcement. It’s been now almost 14 years and the domain still fascinates me.

Why is State aid law important? 

State aid law is significant because it relates to public spending and how that must be regulated in order to benefit effectively both the consumers and the industry. At the same token, it affects a large portion of public servants at all administrative levels that need to be aware of the rules in order to design no-aid or compatible aid schemes using the support of ESI funds.

What is the role of EStAL? Is it a policy monitor or policy shaper?

This is a unique State aid journal. I am not sure if there is any other journal in the EU dedicated to State aid. It does not only provide articles and judgment annotations/analyses, it also offers reports from national jurisdictions, shares best practices and most importantly, it brings State aid experts together.

Evolution of State Aid Law & EStAL: Review and Outlook

Obviously, the recent modernisation package, with the adoption of the expanded GBER and the codification of the Guidelines, has been on the forehead of all major developments in the State aid field over the last 15 years. As regards landmark judgments, this is not difficult: Altmark. This judgment paved the way for the introduction of important policy developments (SGEI package). Moreover, the adoption of Regulation 1370/2007 (PSO in land transport) has been a milestone in my career, as it got me involved in a number of consultancy projects and gave me the opportunity to extend my State aid expertise within a particular sector.

How has State aid law evolved over the years?  What do you wish for the future of EStAL?

For the future, I wish EStAL to continue the success story and keep the spirit up!

 

Thank you Mihalis for these insights into your story with State aid and EStAL. We are looking forward to the next major developments in State aid with your expert insights on our side!


Do you know we also publish a journal on State aid? The European State Aid Law Quarterly is available online and in print, and our subscribers benefit from a reduced price for our events.

EStAL banner

Tags

About

Lexxion Publisher

Established in 2002, Lexxion offers professional journals, books, and events closely related to legal practice. Lexxion’s products cover topics such as Competition law, State aid law, Public Procurement, Public-Private Partnerships, EU Funds, Food Law, Chemical law and Climate Law at the European level. In 2013 we have launched the State Aid Uncovered blog as a Lexxion imprint, in 2018 the CoRe Blog followed.

Related Posts

26. Apr 2022
State Aid Uncovered by Phedon Nicolaides
Member States Must Recover of their Own Initiative Illegally Granted Aid - State Aid Uncovered SM posts 3

Member States Must Recover of their Own Initiative Illegally Granted Aid

Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check […]
12. Oct 2021
State Aid Uncovered by Phedon Nicolaides
Security of Supply May Justify a Deviation from Public Procurement Rules - Blog visual 41

Security of Supply May Justify a Deviation from Public Procurement Rules

Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
07. Sep 2021
State Aid Uncovered by Phedon Nicolaides
Assignment of Public Service Obligations - wordyannik mika GjFbKfI874o unsplash

Assignment of Public Service Obligations

The compensation for public service obligations may include reasonable profit and incentives for cost reduction. Introduction Member States have discretion to define services they consider to be in the general economic interest [SGEI]. However, they need to justify that definition. The Court of Justice has ruled on numerous occasions that an SGEI has “special characteristics” that set it apart from […]
25. May 2021
State Aid Uncovered by Phedon Nicolaides

Compensation for Universal Service Provision

As long as the compensation does not exceed the net extra costs of the universal service activities, it may be used to offset other costs. Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because […]
06. Oct 2020
State Aid Uncovered by Phedon Nicolaides
Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult - doors 1767564 1920

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult

I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]
15. Sep 2020
State Aid Uncovered by Phedon Nicolaides
Non-economic Activities and Services of General Economic Interest - environmental protection 683437 1280

Non-economic Activities and Services of General Economic Interest

Non-economic tasks and economic activities which are inseparable from those non-economic tasks are together, as a bundle, non-economic in nature. Public compensation for the extra costs of services of general economic interest [SGEI] may not cross-subsidise activities that fall outside the scope of the SGEI. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 11 September […]
14. Jul 2020
State Aid Uncovered by Phedon Nicolaides
report

2019 Competition Report

The Annual Competition Report is a useful document, but it should provide more information on the results of the ex post evaluations and ex post monitoring. Update on Temporary Framework: Number of approved and published COVID-19 measures, as of 10 July 2020: 202* Legal basis: Article 107(2)(b): 20; Article 107(3)(b): 171; Article 107(3)(c): 17 Six Member States have implemented 11 […]
11. Jun 2020
Guest State Aid Blog by Erika Szyszczak
When State Aid Gets Political - brexit 3870554 1920

When State Aid Gets Political

We are happy to receive a guest comment on the EU – UK post-Brexit trade negotiations from Professor Emerita, Erika Szyszczak, who is a Fellow of UKTPO at the University of Sussex. This is a longer version of an earlier Blog published on the UKTPO website. Control over State aid is a stumbling block for the future of an EU […]
02. Jun 2020
State Aid Uncovered by Phedon Nicolaides
Euromünzen

i) Investor-State Arbitration ii) Recovery of Incompatible State Aid iii) State Aid Scoreboard 2019

Member States abolish bilateral investment treaties between themselves. When the Commission orders recovery of incompatible State aid, interest has to be added to the recoverable amount for the whole period of illegality regardless of any national limitation rules. In 2018, Member States granted EUR 121 billion to industry and services, EUR 6.3 billion to agriculture and EUR 50 billion to […]
05. May 2020
State Aid Uncovered by Phedon Nicolaides
corona virus poster

Non-recovery of Incompatible State aid Is Costly

Legal and practical difficulties in the recovery of incompatible State aid do not constitute justifiable “absolute impossibility”. Temporary Framework On 1 May, the total number of State aid measures to combat covid-19 approved by the European Commission reached 102. Their legal basis was: Article 107(2)(b): 9; Article 107(3)(b): 86; Article 107(3)(c): 7   Introduction The 2020 Temporary Framework for State […]