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

State Aid Uncovered ×

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 […]
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
15. April 2025  |   State Aid Uncovered von Phedon Nicolaides

The Regulation v Exploitation of a State Asset
State Aid Blogs - State Aid Uncovered photos 46
Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]
Mehr lesen
Keine Kommentare
8. April 2025  |   State Aid Uncovered von Phedon Nicolaides

A Rare Aid Measure of No Effect on Trade
State Aid Blogs - State Aid Uncovered photos 45
Introduction The assessment by the Commission of the possible effect of State aid on intra-EU trade can be summarised in the following three-step test whose purpose is to determine whether such an effect is foreseeable [i.e. not hypothetical]: the aid must support products or services that are traded, or, in the absence of such a direct effect; the recipient undertaking(s) […]
Mehr lesen
Keine Kommentare
1. April 2025  |   State Aid Uncovered von Phedon Nicolaides

Subsidies to Incentivise Closure of Excess Capacity Are State Aid
State Aid Blogs - State Aid Uncovered photos 44
Introduction Very often Member States claim that subsidies they grant as compensation for the costs incurred by the recipient undertakings do not confer an advantage to them and therefore do not constitute State aid. The Court of Justice of the EU [CJEU] has on the whole rejected this claim even if the subsidy is less than the costs which are […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

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
15. April 2025  |   State Aid Uncovered von Phedon Nicolaides

The Regulation v Exploitation of a State Asset
State Aid Blogs - State Aid Uncovered photos 46
Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]
Mehr lesen
Keine Kommentare
8. April 2025  |   State Aid Uncovered von Phedon Nicolaides

A Rare Aid Measure of No Effect on Trade
State Aid Blogs - State Aid Uncovered photos 45
Introduction The assessment by the Commission of the possible effect of State aid on intra-EU trade can be summarised in the following three-step test whose purpose is to determine whether such an effect is foreseeable [i.e. not hypothetical]: the aid must support products or services that are traded, or, in the absence of such a direct effect; the recipient undertaking(s) […]
Mehr lesen
Keine Kommentare
1. April 2025  |   State Aid Uncovered von Phedon Nicolaides

Subsidies to Incentivise Closure of Excess Capacity Are State Aid
State Aid Blogs - State Aid Uncovered photos 44
Introduction Very often Member States claim that subsidies they grant as compensation for the costs incurred by the recipient undertakings do not confer an advantage to them and therefore do not constitute State aid. The Court of Justice of the EU [CJEU] has on the whole rejected this claim even if the subsidy is less than the costs which are […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

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
15. April 2025  |   State Aid Uncovered von Phedon Nicolaides

The Regulation v Exploitation of a State Asset
State Aid Blogs - State Aid Uncovered photos 46
Introduction State assets which are put at the disposal of undertakings must be made available at a market rate. Free use or use at a price below the market rate means that the state forfeits potential revenue that constitutes transfer of state resources. If all the other criteria of Article 107(1) TFEU are satisfied, the free or preferential use of […]
Mehr lesen
Keine Kommentare
8. April 2025  |   State Aid Uncovered von Phedon Nicolaides

A Rare Aid Measure of No Effect on Trade
State Aid Blogs - State Aid Uncovered photos 45
Introduction The assessment by the Commission of the possible effect of State aid on intra-EU trade can be summarised in the following three-step test whose purpose is to determine whether such an effect is foreseeable [i.e. not hypothetical]: the aid must support products or services that are traded, or, in the absence of such a direct effect; the recipient undertaking(s) […]
Mehr lesen
Keine Kommentare
1. April 2025  |   State Aid Uncovered von Phedon Nicolaides

Subsidies to Incentivise Closure of Excess Capacity Are State Aid
State Aid Blogs - State Aid Uncovered photos 44
Introduction Very often Member States claim that subsidies they grant as compensation for the costs incurred by the recipient undertakings do not confer an advantage to them and therefore do not constitute State aid. The Court of Justice of the EU [CJEU] has on the whole rejected this claim even if the subsidy is less than the costs which are […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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