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6. August 2024 | State Aid Uncovered von Phedon Nicolaides

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence

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Introduction This article reviews two cases in which courts found that it had not been proven that all of the criteria of Article 107(1) TFEU had been satisfied. Case I: Not being able to prove that the measure is attributed to a decision of the state With decision 2024/2033, published in OJ L, 29 July 2024, the Commission corrected its […]

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30. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Non-contractual Liability in the Field of State aid

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Introduction The Commission, in its control of State aid, occasionally makes mistakes. EU courts may annul erroneous Commission decisions. This raises the question whether affected undertakings may ask for compensation. The answer is that in order to be eligible for compensation, an undertaking must have suffered damage as a result of an error that constitutes a “serious breach” of EU […]

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9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

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A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

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