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 ×

16. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
Mehr lesen
Keine Kommentare
15. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
Mehr lesen
Keine Kommentare
8. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
Mehr lesen
Keine Kommentare
1. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid to the Operator of a Legal Monopoly
State Aid Blogs - State Aid Uncovered photos 9
Introduction In some Member States, the provision of potable water to households is a “closed” sector. This means that public funding of the operations of the water provider does not constitute State aid. However, according to the case law of the Court of Justice, for a sector to be considered closed to trade and competition it is not sufficient that […]
Mehr lesen
Keine Kommentare
24. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Calculation of the Funding Gap of an Infrastructure Project that May also Benefit from Future Public Funding
State Aid Blogs - State Aid Uncovered photos 12
Introduction The Commission recently approved State aid granted by Czech Republic for the construction of a multifunctional arena in Brno, with a capacity of 13300 visitors [see SA.58891]. The aid measure was unusual because it foresaw possible future public funding to cover certain financial costs in case the net operating revenue would not be enough. However, the Commission approved possible […]
Mehr lesen
Keine Kommentare
17. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Although Member States Are Free to Determine their Tax Systems, they Must still Conform with State Aid Rules
State Aid Blogs - State Aid Uncovered photos 11
Introduction On 10 September 2024, the Court of Justice [CJEU] delivered its much anticipated judgment, in case C-465/20 P, Commission v Ireland & Apple. It ruled that Ireland had granted incompatible State aid to Apple through preferential tax rulings.[1] The judgment was the result of an appeal by the Commission against the judgment of the General Court in case T-778/16, Ireland […]
Mehr lesen
Keine Kommentare
10. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Switching to a New Broadcasting Frequency
State Aid Blogs - State Aid Uncovered photos 10
Introduction Normally the cost of compliance with mandatory regulations may not be offset, partially or fully, by State aid because it lacks incentive effect. The beneficiaries would have to incur those costs anyway. However, even in the case of mandatory compliance, State aid may still have an incentive effect if the undertakings concerned would cease altogether the activity in question. […]
Mehr lesen
Keine Kommentare
30. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor – Part II
State Aid Blogs - State Aid Uncovered photos 9
Part II: Advantage The Commission, first, explained that the “(80) intervention must be considered as a whole, considering the purpose and timing of the various stages in which AMCO’s intervention is to be made, within the context and contents of the second arrangement proposal. Whether or not a transaction is in line with market conditions must be established through a […]
Mehr lesen
Keine Kommentare
27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
Mehr lesen
Keine Kommentare
20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

16. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
Mehr lesen
Keine Kommentare
15. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
Mehr lesen
Keine Kommentare
8. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
Mehr lesen
Keine Kommentare
1. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid to the Operator of a Legal Monopoly
State Aid Blogs - State Aid Uncovered photos 9
Introduction In some Member States, the provision of potable water to households is a “closed” sector. This means that public funding of the operations of the water provider does not constitute State aid. However, according to the case law of the Court of Justice, for a sector to be considered closed to trade and competition it is not sufficient that […]
Mehr lesen
Keine Kommentare
24. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Calculation of the Funding Gap of an Infrastructure Project that May also Benefit from Future Public Funding
State Aid Blogs - State Aid Uncovered photos 12
Introduction The Commission recently approved State aid granted by Czech Republic for the construction of a multifunctional arena in Brno, with a capacity of 13300 visitors [see SA.58891]. The aid measure was unusual because it foresaw possible future public funding to cover certain financial costs in case the net operating revenue would not be enough. However, the Commission approved possible […]
Mehr lesen
Keine Kommentare
17. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Although Member States Are Free to Determine their Tax Systems, they Must still Conform with State Aid Rules
State Aid Blogs - State Aid Uncovered photos 11
Introduction On 10 September 2024, the Court of Justice [CJEU] delivered its much anticipated judgment, in case C-465/20 P, Commission v Ireland & Apple. It ruled that Ireland had granted incompatible State aid to Apple through preferential tax rulings.[1] The judgment was the result of an appeal by the Commission against the judgment of the General Court in case T-778/16, Ireland […]
Mehr lesen
Keine Kommentare
10. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Switching to a New Broadcasting Frequency
State Aid Blogs - State Aid Uncovered photos 10
Introduction Normally the cost of compliance with mandatory regulations may not be offset, partially or fully, by State aid because it lacks incentive effect. The beneficiaries would have to incur those costs anyway. However, even in the case of mandatory compliance, State aid may still have an incentive effect if the undertakings concerned would cease altogether the activity in question. […]
Mehr lesen
Keine Kommentare
30. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor – Part II
State Aid Blogs - State Aid Uncovered photos 9
Part II: Advantage The Commission, first, explained that the “(80) intervention must be considered as a whole, considering the purpose and timing of the various stages in which AMCO’s intervention is to be made, within the context and contents of the second arrangement proposal. Whether or not a transaction is in line with market conditions must be established through a […]
Mehr lesen
Keine Kommentare
27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
Mehr lesen
Keine Kommentare
20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

16. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

European Court of Auditors, Report on the Implementation of the EU Budget for the 2023 Financial Year, 10 October 2024
State Aid Blogs - State Aid Uncovered photos 10
The annual report on the 2023 EU budget by the European Court of Auditors finds that in the field of State aid national authorities wrongly supported ineligible costs. Errors in public procurement and State aid were the largest source of irregularities. Main findings concerning public procurement and State aid “The risk of error is high for expenditure subject to complex […]
Mehr lesen
Keine Kommentare
15. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Revenue from a Compulsory Charge Is a State Resource
State Aid Blogs - State Aid Uncovered photos 14
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four related cases: C-790/21 P, Covestro Deutschland v Commission C-792/21 P, AZ v Commission C-794/21 P, Germany v Commission C-795/21 P, WEPA Hygieneprodukte v Commission All cases concerned appeals against the corresponding judgments of the General Court by which it dismissed the actions for annulment of […]
Mehr lesen
Keine Kommentare
8. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
State Aid Blogs - State Aid Uncovered photos 13
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two judgments on the two most frequent procedural issues on State aid: Who has standing to challenge a Commission decision and when the Commission is obliged to initiate the formal investigation procedure. These two issues are closely connected. Those whose interests are harmed by State aid […]
Mehr lesen
Keine Kommentare
1. Oktober 2024  |   State Aid Uncovered von Phedon Nicolaides

State Aid to the Operator of a Legal Monopoly
State Aid Blogs - State Aid Uncovered photos 9
Introduction In some Member States, the provision of potable water to households is a “closed” sector. This means that public funding of the operations of the water provider does not constitute State aid. However, according to the case law of the Court of Justice, for a sector to be considered closed to trade and competition it is not sufficient that […]
Mehr lesen
Keine Kommentare
24. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Calculation of the Funding Gap of an Infrastructure Project that May also Benefit from Future Public Funding
State Aid Blogs - State Aid Uncovered photos 12
Introduction The Commission recently approved State aid granted by Czech Republic for the construction of a multifunctional arena in Brno, with a capacity of 13300 visitors [see SA.58891]. The aid measure was unusual because it foresaw possible future public funding to cover certain financial costs in case the net operating revenue would not be enough. However, the Commission approved possible […]
Mehr lesen
Keine Kommentare
17. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Although Member States Are Free to Determine their Tax Systems, they Must still Conform with State Aid Rules
State Aid Blogs - State Aid Uncovered photos 11
Introduction On 10 September 2024, the Court of Justice [CJEU] delivered its much anticipated judgment, in case C-465/20 P, Commission v Ireland & Apple. It ruled that Ireland had granted incompatible State aid to Apple through preferential tax rulings.[1] The judgment was the result of an appeal by the Commission against the judgment of the General Court in case T-778/16, Ireland […]
Mehr lesen
Keine Kommentare
10. September 2024  |   State Aid Uncovered von Phedon Nicolaides

Compensation for Switching to a New Broadcasting Frequency
State Aid Blogs - State Aid Uncovered photos 10
Introduction Normally the cost of compliance with mandatory regulations may not be offset, partially or fully, by State aid because it lacks incentive effect. The beneficiaries would have to incur those costs anyway. However, even in the case of mandatory compliance, State aid may still have an incentive effect if the undertakings concerned would cease altogether the activity in question. […]
Mehr lesen
Keine Kommentare
30. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor – Part II
State Aid Blogs - State Aid Uncovered photos 9
Part II: Advantage The Commission, first, explained that the “(80) intervention must be considered as a whole, considering the purpose and timing of the various stages in which AMCO’s intervention is to be made, within the context and contents of the second arrangement proposal. Whether or not a transaction is in line with market conditions must be established through a […]
Mehr lesen
Keine Kommentare
27. August 2024  |   State Aid Uncovered von Phedon Nicolaides

A State-Owned Company Acts as a Private Investor
State Aid Blogs - State Aid Uncovered photos 8
Introduction When a party to a financial transaction is a company that is owned and controlled by the state, it is difficult to determine whether the transaction is free of State aid. This is because it is not easy to prove that the state had no influence over the decision of the company to carry out that transaction. The Commission […]
Mehr lesen
Keine Kommentare
20. August 2024  |   State Aid Uncovered von Phedon Nicolaides

Incentive Effect of State Aid to a Large Investment Project
State Aid Blogs - State Aid Uncovered photos 7
Introduction The Commission pays particular attention to the incentive effect of aid to large projects that are undertaken by international companies which, by definition, are mobile and can choose from many different locations where to establish their operations. Not only must the aid recipient prove, on the basis of credible evidence, that without the aid the investment would not be […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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