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

T 398/21 ×

30. Dezember 2025 | von Phedon Nicolaides

State Aid to Support a Technology Hub

State Aid Blogs - State Aid Uncovered photos 92

Introduction As part of the digital transition, Member States try to revitalise old industrial regions. A case in point is a recent Commission decision on the establishment of a technology hub in Poland’s former coal mining region of Katowice [SA.114301].1 The purpose of the Polish measure was to incentivise the development of new skills in the region. The aided project is a […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

12. März 2024 | State Aid Uncovered von Phedon Nicolaides

Public Infrastructure and State Prerogatives

State Aid Blogs - State Aid Uncovered photos

Introduction On 28 February 2024, the General Court delivered two important judgments on the presence of State aid and its compatibility with the internal market in connection to public funding of the Fehmarn Fixed Link between Denmark and Germany. The Fixed Link is a major infrastructure project consisting of tunnels, bridges and access road and rail connections. The judgments of […]

Keine Kommentare

16. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Undertakings May also Carry out Non-economic Activities

State Aid Blogs - State Aid Uncovered photos 1

Introduction An undertaking is any entity that carries out economic activities regardless of how it is classified in national law or how it is financed. The General Court, in its judgment of 20 December 2023, in case T-166/21, Autorità di sistema portuale del Mar Ligure occidentale v European Commission, also clarified that if an undertaking also carries out tasks assigned […]

Keine Kommentare

4. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

The Concept of Undertaking and Land Valuation

State Aid Blogs - Untitled design 15

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

Keine Kommentare

18. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

The Non-economic Nature of a Public Health System and Regional Development

State Aid Blogs - State Aid Uncovered SM posts 44

Introduction This article reviews two judgments: On a public health system and on regional development through capital injections. I. Public health system On 27 April 2023, the Court of Justice rendered its judgment in case C-492/21 P, Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.[1] Casa Regina Apostolorum della Pia Società delle Figlie di […]

Keine Kommentare

7. Juni 2022 | State Aid Uncovered von Phedon Nicolaides

A Rare Commission Decision on SGEI Interpreting Decision 2012/21

State Aid Blogs - State Aid Uncovered SM posts 10

A non-profit provider of free services which are in competition with similar services on the market is an undertaking. Introduction The decentralisation of State aid policy of the past decade has made it easier for the Member States to achieve their public policy objectives. By using blog exemption regulations and decisions, they can grant State aid faster, without having to […]

Keine Kommentare

3. Januar 2022 | State Aid Uncovered von Phedon Nicolaides

How to Determine Selectivity

State Aid Blogs - Social Media posts

A measure is selective when it excludes undertakings that are equally capable of contributing to the achievement of its objectives. Introduction Since no two undertakings are exactly the same, how can it be determined whether they are in a comparable situation? Differences in their features such as size or the type of technology they use do not necessarily mean that […]

Keine Kommentare

19. Januar 2021 | State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals

State Aid Blogs - StateAidHub blogpost3 Hospitals

Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]

Keine Kommentare

Nächste Seite »

T 398/21 ×

30. Dezember 2025 | von Phedon Nicolaides

State Aid to Support a Technology Hub

State Aid Blogs - State Aid Uncovered photos 92

Introduction As part of the digital transition, Member States try to revitalise old industrial regions. A case in point is a recent Commission decision on the establishment of a technology hub in Poland’s former coal mining region of Katowice [SA.114301].1 The purpose of the Polish measure was to incentivise the development of new skills in the region. The aided project is a […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

12. März 2024 | State Aid Uncovered von Phedon Nicolaides

Public Infrastructure and State Prerogatives

State Aid Blogs - State Aid Uncovered photos

Introduction On 28 February 2024, the General Court delivered two important judgments on the presence of State aid and its compatibility with the internal market in connection to public funding of the Fehmarn Fixed Link between Denmark and Germany. The Fixed Link is a major infrastructure project consisting of tunnels, bridges and access road and rail connections. The judgments of […]

Keine Kommentare

16. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Undertakings May also Carry out Non-economic Activities

State Aid Blogs - State Aid Uncovered photos 1

Introduction An undertaking is any entity that carries out economic activities regardless of how it is classified in national law or how it is financed. The General Court, in its judgment of 20 December 2023, in case T-166/21, Autorità di sistema portuale del Mar Ligure occidentale v European Commission, also clarified that if an undertaking also carries out tasks assigned […]

Keine Kommentare

4. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

The Concept of Undertaking and Land Valuation

State Aid Blogs - Untitled design 15

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

Keine Kommentare

18. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

The Non-economic Nature of a Public Health System and Regional Development

State Aid Blogs - State Aid Uncovered SM posts 44

Introduction This article reviews two judgments: On a public health system and on regional development through capital injections. I. Public health system On 27 April 2023, the Court of Justice rendered its judgment in case C-492/21 P, Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.[1] Casa Regina Apostolorum della Pia Società delle Figlie di […]

Keine Kommentare

7. Juni 2022 | State Aid Uncovered von Phedon Nicolaides

A Rare Commission Decision on SGEI Interpreting Decision 2012/21

State Aid Blogs - State Aid Uncovered SM posts 10

A non-profit provider of free services which are in competition with similar services on the market is an undertaking. Introduction The decentralisation of State aid policy of the past decade has made it easier for the Member States to achieve their public policy objectives. By using blog exemption regulations and decisions, they can grant State aid faster, without having to […]

Keine Kommentare

3. Januar 2022 | State Aid Uncovered von Phedon Nicolaides

How to Determine Selectivity

State Aid Blogs - Social Media posts

A measure is selective when it excludes undertakings that are equally capable of contributing to the achievement of its objectives. Introduction Since no two undertakings are exactly the same, how can it be determined whether they are in a comparable situation? Differences in their features such as size or the type of technology they use do not necessarily mean that […]

Keine Kommentare

19. Januar 2021 | State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals

State Aid Blogs - StateAidHub blogpost3 Hospitals

Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]

Keine Kommentare

Nächste Seite »

T 398/21 ×

30. Dezember 2025 | von Phedon Nicolaides

State Aid to Support a Technology Hub

State Aid Blogs - State Aid Uncovered photos 92

Introduction As part of the digital transition, Member States try to revitalise old industrial regions. A case in point is a recent Commission decision on the establishment of a technology hub in Poland’s former coal mining region of Katowice [SA.114301].1 The purpose of the Polish measure was to incentivise the development of new skills in the region. The aided project is a […]

Keine Kommentare

9. Dezember 2025 | State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 86

Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]

Keine Kommentare

4. Juni 2024 | State Aid Uncovered von Phedon Nicolaides

Special Tax Treatment for a Major Infrastructure Project

State Aid Blogs - State Aid Uncovered photos 16

Introduction In April 2013, the Commission received a complaint alleging that State aid had been granted to the Oresund fixed link. The link is a major transport infrastructure project consisting of a bridge, an artificial island and tunnels between Denmark and Sweden. In October 2014, the Commission concluded that the public funding of the hinterland road and rail connections was […]

Keine Kommentare

12. März 2024 | State Aid Uncovered von Phedon Nicolaides

Public Infrastructure and State Prerogatives

State Aid Blogs - State Aid Uncovered photos

Introduction On 28 February 2024, the General Court delivered two important judgments on the presence of State aid and its compatibility with the internal market in connection to public funding of the Fehmarn Fixed Link between Denmark and Germany. The Fixed Link is a major infrastructure project consisting of tunnels, bridges and access road and rail connections. The judgments of […]

Keine Kommentare

16. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Undertakings May also Carry out Non-economic Activities

State Aid Blogs - State Aid Uncovered photos 1

Introduction An undertaking is any entity that carries out economic activities regardless of how it is classified in national law or how it is financed. The General Court, in its judgment of 20 December 2023, in case T-166/21, Autorità di sistema portuale del Mar Ligure occidentale v European Commission, also clarified that if an undertaking also carries out tasks assigned […]

Keine Kommentare

4. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

The Concept of Undertaking and Land Valuation

State Aid Blogs - Untitled design 15

Introduction Must an entity that acquires an asset but does not exploit it commercially not be regarded as an undertaking? This was one of two questions that the Court of Justice had to answer on 19 October 2023, in case C-325/22, TS & HI. The answer was no. The second question was how to value land. The answer to that […]

Keine Kommentare

18. Juli 2023 | State Aid Uncovered von Phedon Nicolaides

The Non-economic Nature of a Public Health System and Regional Development

State Aid Blogs - State Aid Uncovered SM posts 44

Introduction This article reviews two judgments: On a public health system and on regional development through capital injections. I. Public health system On 27 April 2023, the Court of Justice rendered its judgment in case C-492/21 P, Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.[1] Casa Regina Apostolorum della Pia Società delle Figlie di […]

Keine Kommentare

7. Juni 2022 | State Aid Uncovered von Phedon Nicolaides

A Rare Commission Decision on SGEI Interpreting Decision 2012/21

State Aid Blogs - State Aid Uncovered SM posts 10

A non-profit provider of free services which are in competition with similar services on the market is an undertaking. Introduction The decentralisation of State aid policy of the past decade has made it easier for the Member States to achieve their public policy objectives. By using blog exemption regulations and decisions, they can grant State aid faster, without having to […]

Keine Kommentare

3. Januar 2022 | State Aid Uncovered von Phedon Nicolaides

How to Determine Selectivity

State Aid Blogs - Social Media posts

A measure is selective when it excludes undertakings that are equally capable of contributing to the achievement of its objectives. Introduction Since no two undertakings are exactly the same, how can it be determined whether they are in a comparable situation? Differences in their features such as size or the type of technology they use do not necessarily mean that […]

Keine Kommentare

19. Januar 2021 | State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals

State Aid Blogs - StateAidHub blogpost3 Hospitals

Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]

Keine Kommentare

Nächste Seite »

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