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

1. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Commission Approves State Aid after a Project Has Started
State Aid Blogs - State Aid Uncovered photos 57
Introduction A fundamental rule of State aid is that no aid may be granted after a project has already started. This rule is repeated in every Commission regulation or set of guidelines. Aid to a project that has already started lacks incentive effect and as such it is a pure waste of public money. However, in December 2022, the Court […]
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24. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Infrastructure
State Aid Blogs - State Aid Uncovered photos 56
Introduction Normally, each weekly article reviews just one court judgment or Commission decision. This article deviates from normal practice. It reviews three recent Commission decisions on three different French measures of support of port infrastructure: SA.115739: Direct inland waterway access to Port of Le Havre [April 2025][1] SA.113270: Investment aid to the port of Dunkirk [December 2025][2] SA.111060: Modernisation of […]
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17. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Coverage of Losses of a State-Owned Company
State Aid Blogs - State Aid Uncovered photos 55
Introduction Eu law does not prohibit states from owning or investing in companies [see Article 345 TFEU]. This means that when the state, as owner, makes payments to the companies it owns or loses part of its capital as a result of commercial losses, it does not grant to them State aid if such payments are mandated by law and […]
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10. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Calculate the Amount of Compensation of SGEI Providers: The Case of Distribution of Newspapers and Periodicals by Belgium’s bpost
State Aid Blogs - State Aid Uncovered photos 54
Introduction Public funding that offsets costs incurred as a result of compliance with legal obligations constitutes State aid, if all of the criteria of Article 107(1) TFEU are satisfied. The fact that the purpose of the aid is to offset higher than otherwise costs is irrelevant. However, Article 106(2) TFEU allows Member States to grant State aid to compensate for […]
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3. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

When Does Existing Aid Become New Aid?
State Aid Blogs - State Aid Uncovered photos 53
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. Changes to already authorised schemes that do not alter their nature or significantly increase their amounts do not need to be notified as they are considered to be existing aid. Article 4(1) of Regulation 794/2004 explains that “an alteration to existing aid shall mean any […]
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27. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
State Aid Blogs - State Aid Uncovered photos 52
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to undertakings without that measure constituting State aid. This is the case, for example, when the measure is not selective or does not affect trade between Member States. A public measure may also escape being classified as State aid when it is a regulatory act. Normally, […]
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20. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Calculation of the Funding Gap of District Heating Projects
State Aid Blogs - State Aid Uncovered photos 51
Introduction The European Commission recently approved a modification of a Czech scheme for the support of district heating [SA.118343]. The modification concerned an increase of the original budget due to a) a significant rise of carbon allowance prices, b) a higher than expected demand for aid and c) strategic shifts towards accelerated decarbonisation. The original scheme is authorised by decision […]
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13. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Tax Exemption of General Application
State Aid Blogs - State Aid Uncovered photos 50
Introduction In November 2014, the General Court in case T-219/10, Autogrill v Commission, held that a tax exemption for the acquisition of foreign undertakings did not constitute State aid because it did not exclude any undertaking from benefitting from it. This was because the beneficiaries could not be identified beforehand. However, on appeal, in December 2016, the Court of Justice […]
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6. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Restructuring Aid
State Aid Blogs - State Aid Uncovered photos 49
Introduction Following a formal investigation, the Commission in decision 2025/775 approved restructuring aid to TAROM, the Romanian airline which is 97% owned by the state.[1] In 2020, Romania provided rescue aid to TAROM, which was also approved by the Commission in decision SA.56244. The rescue decision was appealed by Wizz Air. Its appeal was dismissed by the General Court in […]
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29. April 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid for Transition to a Sustainable Economy
State Aid Blogs - State Aid Uncovered photos 48
Introduction Although the Temporary Crisis and Transition Framework [TCTF] expired at the end of 2024, three sections are still valid until 31 December 2025. They are sections 2.5, 2.6 and 2.8. They support the green and digital transition to a more resilient economy. In this context, Finland notified to the Commission an aid scheme consisting of two measures: (a) Aid […]
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1. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Commission Approves State Aid after a Project Has Started
State Aid Blogs - State Aid Uncovered photos 57
Introduction A fundamental rule of State aid is that no aid may be granted after a project has already started. This rule is repeated in every Commission regulation or set of guidelines. Aid to a project that has already started lacks incentive effect and as such it is a pure waste of public money. However, in December 2022, the Court […]
Mehr lesen
Keine Kommentare
24. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Infrastructure
State Aid Blogs - State Aid Uncovered photos 56
Introduction Normally, each weekly article reviews just one court judgment or Commission decision. This article deviates from normal practice. It reviews three recent Commission decisions on three different French measures of support of port infrastructure: SA.115739: Direct inland waterway access to Port of Le Havre [April 2025][1] SA.113270: Investment aid to the port of Dunkirk [December 2025][2] SA.111060: Modernisation of […]
Mehr lesen
Keine Kommentare
17. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Coverage of Losses of a State-Owned Company
State Aid Blogs - State Aid Uncovered photos 55
Introduction Eu law does not prohibit states from owning or investing in companies [see Article 345 TFEU]. This means that when the state, as owner, makes payments to the companies it owns or loses part of its capital as a result of commercial losses, it does not grant to them State aid if such payments are mandated by law and […]
Mehr lesen
Keine Kommentare
10. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Calculate the Amount of Compensation of SGEI Providers: The Case of Distribution of Newspapers and Periodicals by Belgium’s bpost
State Aid Blogs - State Aid Uncovered photos 54
Introduction Public funding that offsets costs incurred as a result of compliance with legal obligations constitutes State aid, if all of the criteria of Article 107(1) TFEU are satisfied. The fact that the purpose of the aid is to offset higher than otherwise costs is irrelevant. However, Article 106(2) TFEU allows Member States to grant State aid to compensate for […]
Mehr lesen
Keine Kommentare
3. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

When Does Existing Aid Become New Aid?
State Aid Blogs - State Aid Uncovered photos 53
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. Changes to already authorised schemes that do not alter their nature or significantly increase their amounts do not need to be notified as they are considered to be existing aid. Article 4(1) of Regulation 794/2004 explains that “an alteration to existing aid shall mean any […]
Mehr lesen
Keine Kommentare
27. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
State Aid Blogs - State Aid Uncovered photos 52
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to undertakings without that measure constituting State aid. This is the case, for example, when the measure is not selective or does not affect trade between Member States. A public measure may also escape being classified as State aid when it is a regulatory act. Normally, […]
Mehr lesen
Keine Kommentare
20. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Calculation of the Funding Gap of District Heating Projects
State Aid Blogs - State Aid Uncovered photos 51
Introduction The European Commission recently approved a modification of a Czech scheme for the support of district heating [SA.118343]. The modification concerned an increase of the original budget due to a) a significant rise of carbon allowance prices, b) a higher than expected demand for aid and c) strategic shifts towards accelerated decarbonisation. The original scheme is authorised by decision […]
Mehr lesen
Keine Kommentare
13. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Tax Exemption of General Application
State Aid Blogs - State Aid Uncovered photos 50
Introduction In November 2014, the General Court in case T-219/10, Autogrill v Commission, held that a tax exemption for the acquisition of foreign undertakings did not constitute State aid because it did not exclude any undertaking from benefitting from it. This was because the beneficiaries could not be identified beforehand. However, on appeal, in December 2016, the Court of Justice […]
Mehr lesen
Keine Kommentare
6. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Restructuring Aid
State Aid Blogs - State Aid Uncovered photos 49
Introduction Following a formal investigation, the Commission in decision 2025/775 approved restructuring aid to TAROM, the Romanian airline which is 97% owned by the state.[1] In 2020, Romania provided rescue aid to TAROM, which was also approved by the Commission in decision SA.56244. The rescue decision was appealed by Wizz Air. Its appeal was dismissed by the General Court in […]
Mehr lesen
Keine Kommentare
29. April 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid for Transition to a Sustainable Economy
State Aid Blogs - State Aid Uncovered photos 48
Introduction Although the Temporary Crisis and Transition Framework [TCTF] expired at the end of 2024, three sections are still valid until 31 December 2025. They are sections 2.5, 2.6 and 2.8. They support the green and digital transition to a more resilient economy. In this context, Finland notified to the Commission an aid scheme consisting of two measures: (a) Aid […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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
State Aid Blogs - sara gobbato post john barkiple l090uFWoPaI unsplash 1
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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