Europäisches Beihilfenrecht Blog

State Aid Uncovered Blog

In Lexxions Blog „State Aid Uncovered” veröffentlicht Prof. Phedon Nicolaides wöchentlich kritische Analysen zu den neuesten Urteilen und Entscheidungen zu staatlichen Beihilfen. Jeder Beitrag stellt die wichtigsten Punkte eines Gerichtsurteils oder einer EU-Kommissionsentscheidung vor, ordnet sie in den Kontext ähnlicher Rechtsprechung oder Praxis ein, bewertet die zugrundeliegende Argumentation und zeigt etwaige Ungereimtheiten oder Widersprüche auf.

In loser Folge werden auf diesem Blog auch Gastbeiträge von anderen Experten für staatliche Beihilfen veröffentlicht, welche die Inhalte der Blogbeiträge ergänzen.

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Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

31. März 2026 | State Aid Uncovered von Phedon Nicolaides

The Draft New GBER

Draft GBER

Ex post evaluation of large aid schemes is no longer required. “Small amounts” of aid at a higher rate of aid intensity are allowed up to certain amounts. Certain start-ups are eligible for aid even if, technically, they qualify as undertakings in difficulty. A new category of “applied research” is introduced. Member States are permitted to choose the method by […]

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24. März 2026 | State Aid Uncovered von Phedon Nicolaides

Enterprises Linked through Natural Persons

State Aid Blogs - State Aid Uncovered photos 2026 03 24T100502.273

A natural person is not an undertaking if he/she only has a controlling interest [e.g. majority of capital or voting rights] in an enterprise that engages in economic activities [i.e. it is an undertaking]. For a natural person to be considered to be an undertaking he/she must have both a controlling interest in an enterprise and be involved directly or indirectly in its management. Exercising shareholder rights through participating and voting in the annual general meeting of shareholders does not constitute direct or […]

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17. März 2026 | State Aid Uncovered von Phedon Nicolaides

The Discount Rate Applied to State Aid and Eligible Costs of Regional Investment Projects

State Aid Blogs - State Aid Uncovered photos 2026 03 17T091403.447

The discount rate for calculating the present value of state aid granted in tranches is the reference rate; i.e. base rate plus 100 bp. The discount rate for calculating the present value of an investment project is the weighted average cost of capital of the investor. Introduction When state aid is granted in instalments, the amount of future tranches has […]

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10. März 2026 | State Aid Uncovered von Phedon Nicolaides

Green Economy Hub

State Aid Blogs - State Aid Uncovered photos 2026 03 09T092603.325

A municipality that develops commercial infrastructure engages in an economic activity. A municipality that finances the development of commercially used infrastructure may grant state aid to itself. The selection of the operator of commercial infrastructure on the basis of a competitive procedure eliminates any advantage for the operator. The users of a commercially operated infrastructure do not receive state aid if they pay prices at market […]

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3. März 2026 | State Aid Uncovered von Phedon Nicolaides

State Aid for a Fish Auction Hall

State Aid Blogs - State Aid Uncovered photos 2026 03 03T093248.830

State aid may cover up to 100% of the funding gap of a project. The funding gap demonstrates that the aid has an incentive effect. The aid is proportional if it does not exceed the funding gap. State aid in the fisheries sector may have to comply with both Regulation 2022/2473 [FIBER] and the fisheries guidelines. Introduction The Commission recently approved the granting of […]

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24. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The Gross-Grant Equivalent of State Aid in Public Guarantees

State Aid Blogs - State Aid Uncovered photos 2026 02 23T112337.714

The amount of state aid embedded in a public guarantee is the difference between the market rate of the premium and the premium, if any, that is actually charged. The market rate of premium reflects the risk borne by the guarantor, which in turn reflects the credit rating of the beneficiary and the value of the collateral, if any, that […]

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17. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid

State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248

Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]

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10. Februar 2026 | von Phedon Nicolaides

De minimis Aid

State Aid Blogs - State Aid Uncovered photos 99

Member States must ensure that individual awards of de minimis aid do not breach the maximum allowable amount per undertaking in any three year period. They can ensure that the maximum amount is not exceeded either by establishing a national register or by checking the amounts already granted to the applicant undertaking and by confirming that any new award will […]

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3. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard

State Aid Blogs - State Aid Uncovered photos 98

• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]

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27. Januar 2026 | State Aid Uncovered von Phedon Nicolaides

Start of Works

State Aid Blogs - State Aid Uncovered photos 97

Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]

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31. März 2026 | State Aid Uncovered von Phedon Nicolaides

The Draft New GBER

Draft GBER

Ex post evaluation of large aid schemes is no longer required. “Small amounts” of aid at a higher rate of aid intensity are allowed up to certain amounts. Certain start-ups are eligible for aid even if, technically, they qualify as undertakings in difficulty. A new category of “applied research” is introduced. Member States are permitted to choose the method by […]

Keine Kommentare

24. März 2026 | State Aid Uncovered von Phedon Nicolaides

Enterprises Linked through Natural Persons

State Aid Blogs - State Aid Uncovered photos 2026 03 24T100502.273

A natural person is not an undertaking if he/she only has a controlling interest [e.g. majority of capital or voting rights] in an enterprise that engages in economic activities [i.e. it is an undertaking]. For a natural person to be considered to be an undertaking he/she must have both a controlling interest in an enterprise and be involved directly or indirectly in its management. Exercising shareholder rights through participating and voting in the annual general meeting of shareholders does not constitute direct or […]

Keine Kommentare

17. März 2026 | State Aid Uncovered von Phedon Nicolaides

The Discount Rate Applied to State Aid and Eligible Costs of Regional Investment Projects

State Aid Blogs - State Aid Uncovered photos 2026 03 17T091403.447

The discount rate for calculating the present value of state aid granted in tranches is the reference rate; i.e. base rate plus 100 bp. The discount rate for calculating the present value of an investment project is the weighted average cost of capital of the investor. Introduction When state aid is granted in instalments, the amount of future tranches has […]

Keine Kommentare

10. März 2026 | State Aid Uncovered von Phedon Nicolaides

Green Economy Hub

State Aid Blogs - State Aid Uncovered photos 2026 03 09T092603.325

A municipality that develops commercial infrastructure engages in an economic activity. A municipality that finances the development of commercially used infrastructure may grant state aid to itself. The selection of the operator of commercial infrastructure on the basis of a competitive procedure eliminates any advantage for the operator. The users of a commercially operated infrastructure do not receive state aid if they pay prices at market […]

Keine Kommentare

3. März 2026 | State Aid Uncovered von Phedon Nicolaides

State Aid for a Fish Auction Hall

State Aid Blogs - State Aid Uncovered photos 2026 03 03T093248.830

State aid may cover up to 100% of the funding gap of a project. The funding gap demonstrates that the aid has an incentive effect. The aid is proportional if it does not exceed the funding gap. State aid in the fisheries sector may have to comply with both Regulation 2022/2473 [FIBER] and the fisheries guidelines. Introduction The Commission recently approved the granting of […]

Keine Kommentare

24. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The Gross-Grant Equivalent of State Aid in Public Guarantees

State Aid Blogs - State Aid Uncovered photos 2026 02 23T112337.714

The amount of state aid embedded in a public guarantee is the difference between the market rate of the premium and the premium, if any, that is actually charged. The market rate of premium reflects the risk borne by the guarantor, which in turn reflects the credit rating of the beneficiary and the value of the collateral, if any, that […]

Keine Kommentare

17. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

Who Can Challenge a Commission Decision Authorising State Aid

State Aid Blogs - State Aid Uncovered photos 2026 02 16T151513.248

Being a competitor of the aid recipient is not enough. The competitor must show that it is directly and individually affected by the aid. Or, the competitor must show that it is directly affected by the Commission decision and that the decision leaves no discretion to the Member State concerned on how to comply with it. Introduction This article reviews […]

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3. Februar 2026 | State Aid Uncovered von Phedon Nicolaides

The 2025 Edition of the State Aid Scoreboard

State Aid Blogs - State Aid Uncovered photos 98

• In 2024, the total non-crisis state aid granted by Member States reached EUR 152 billion, an increase of 11% over the previous year. • The three most important policy objectives were environmental protection & energy savings, research and regional development. • The General Block Exemption Regulation was the basis for about 3200 measures delivering EUR 60.1 billion of aid. […]

Keine Kommentare

27. Januar 2026 | State Aid Uncovered von Phedon Nicolaides

Start of Works

State Aid Blogs - State Aid Uncovered photos 97

Introduction Before any state aid granted, the granting authority must establish at a bare minimum that the application satisfies the formal incentive effect: that the project has not already started. The start of works is normally signified by the start of construction or the order of equipment or any other decision that indicates the commitment of the aid applicant to […]

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23. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

No Imputability to the State of Investment by a State Enterprise

State Aid Blogs - State Aid Uncovered photos 88

Introduction The past three articles have dealt with cases where the Commission or an EU court concluded that they were free of state aid or there were doubts as to whether they constituted state aid. Today’s article reviews another case concerning a state intervention that was free of state aid. In decision SA.100862, the Commission found that transfer of state assets to a Finnish undertaking did not confer an advantage […]

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25. September 2024 | Guest State Aid Blog von Lexxion Publisher

The Cumulation of State Aid Granted by Different Member States — The Landwärme Case

State Aid Blogs - State Aid Uncovered photos 7

Guest State Aid Blog by Professor Leigh Hancher, Nicole Robins and Dr Philipp Schliffke[1] 1 Introduction The Renewable Energy Directive 2018/2001 (‘RED II’) states that ‘the promotion of the production and use of biomethane, its injection into a natural gas grid and cross-border trade create a need to ensure proper accounting of renewable energy as well as avoiding double incentives […]

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16. November 2023 | Guest State Aid Blog von Michał Bernat

The Interplay of R&D Works and Formal Incentive Effect Rules

State Aid Blogs - Untitled design 12

The Interplay of R&D Works and Formal Incentive Effect Rules Michał Bernat.1 The issue mentioned in the title appears at first sight rather uncontroversial, as it is instinctively understood that research and development (R&D) works do not form part of an investment towards which they are directed, but this brief note raises certain issues arising in that respect which have […]

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30. März 2023 | Guest State Aid Blog von Lexxion Publisher

A Visionary XXX FIDE Congress Approaching

State Aid Blogs - iuiiiiiiiiiiiiiiiii

We’re happy to announce that Lexxion publisher has become a media partner to the FIDE Congress, one of the most distinguished events on EU law. Of particular interest for the readers of the State Aid blog and the EStAL quarterly is the second topic of the congress, dedicated to the new geopolitical dimension of the EU competition and trade policies. […]

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30. Juni 2022 | Guest State Aid Blog von Hans Arno Petzold

Further Views on Editorial by Andreas Bartosch (EStAL 1/2022, 1)

State Aid Blogs - Guest posts 3

Reading the Editorial by Andreas Bartosch (EStAL 1/2022, 1), I feel tempted – not to worship Satan or the GBER, but to add some more colours to the picture drawn up by the esteemed colleague. It is true that the Block Exemption Regulations were intended to save the Commission Services from „lästigem Alltagsgerümpel“ (“boring routine rubbish”, as Andreas Bartosch dubbed […]

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27. Mai 2022 | Guest State Aid Blog von Lexxion Publisher

How to approach the risk of carbon lock-in effects in state aid analysis?

State Aid Blogs - State Aid Uncovered SM posts 8

A recent FSR Debate[1] held on 4 May examined the key question of how policymakers and regulators can avoid carbon lock-in jeopardising the attainment of the European Union’s ambitious energy and climate targets. Carbon lock-in refers to situations where emissions-intensive energy assets continue to be used even when low-carbon and socially more beneficial assets are available. This is a controversial […]

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19. August 2021 | Guest State Aid Blog von Lexxion Publisher

The European Commission’s Opening Decision in the German Lignite Phase-Out Case – Part II.

State Aid Blogs - koenig2 dominik vanyi Mk2ls9UBO2E unsplash

The article is based on a legal opinion, that was given to LEAG. Doubts regarding the existence of an advantage – continued Compensation amounts based on a MEO settlement agreement An essential component of the compensation covering the full scope of any damages caused to the operators affected by the early closure is also the avoidance of legal and factual […]

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12. August 2021 | Guest State Aid Blog von Lexxion Publisher

The European Commission’s Opening Decision in the German Lignite Phase-Out Case – Part I.

State Aid Blogs - koenig1 artyom korshunov NWByxwVN J0 unsplash

The article is based on a legal opinion, that was given to LEAG. Introduction The European Green Deal envisages a clean and decarbonised energy sector with net-zero greenhouse gas emissions by 2050.[1] These ambitious objectives entrust the Member States with enormous tasks in connection with the transformation process, which must always be designed in a proportionate manner. For this purpose, […]

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29. Juli 2021 | Guest State Aid Blog von Lexxion Publisher

Pre- Notifications, Preliminary Investigations and the Rights of Third Parties in State Aid Procedures – Beware of the Black Hole!

State Aid Blogs - nicholas doherty pONBhDyOFoM unsplash

The persistently cautious approach of the Court of Justice of the European Union (CJEU) to recognizing any really meaningful rights for third parties in State aid proceedings before the European Commission as well as in judicial proceedings is well-known and frequently criticized. With the recent adoption of the new Climate Law at the end of June and the official launch […]

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15. Juli 2021 | Guest State Aid Blog von Lexxion Publisher

Public Support to Ultrafast Networks in the Italian NRRP

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As part of the investments to support the digitisation, innovation and competitiveness of the production system[1], the Italian Recovery and Resilience Plan (NRRP) has allocated €6.71 billion for interventions in favor of ultra-fast networks (ultra-broadband and 5G)[2]. The amount will be deployed by 2026 to achieve the objectives defined in the “Italian Strategy for ultra-broadband”[3] in accordance with the EU […]

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8. Juli 2021 | Guest State Aid Blog von Alexander Rose

The UK’s New Subsidy Control Bill: Targeting a Faster, More Permissive Regime Than EU State Aid Rules

The long awaited Subsidy Control Bill has been published by the UK Government with bold promises that it will “create a new system for subsidies that can enable key domestic priorities, such as levelling up economic growth across the UK and driving our green industrial revolution“. In this article we identify the main changes immediately emerging from the draft legislation, […]

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