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

- market economy operator principle ×

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 […]

Keine Kommentare

11. März 2025 | State Aid Uncovered von Phedon Nicolaides

Lease of Public Land

State Aid Blogs - State Aid Uncovered photos 41

Introduction Public land is a public asset that must be priced correctly when rented out to third parties. The problem is that in most cases rented out plots of public land are either too large or are in unusual places. In either case, comparable commercial transactions are difficult to find, especially if transactions in such plots are infrequent. In these […]

Keine Kommentare

6. August 2024 | State Aid Uncovered von Phedon Nicolaides

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

State Aid Blogs - State Aid Uncovered photos 5

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 […]

Keine Kommentare

13. Oktober 2020 | State Aid Uncovered von Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH

State Aid Blogs - danish currency 1139103 1920

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Keine Kommentare

20. April 2015 | State Aid Uncovered von Phedon Nicolaides

Land Development

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time. Introduction The article examines Commission decision 2015/507 concerning the sale […]

Keine Kommentare

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

- market economy operator principle ×

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 […]

Keine Kommentare

11. März 2025 | State Aid Uncovered von Phedon Nicolaides

Lease of Public Land

State Aid Blogs - State Aid Uncovered photos 41

Introduction Public land is a public asset that must be priced correctly when rented out to third parties. The problem is that in most cases rented out plots of public land are either too large or are in unusual places. In either case, comparable commercial transactions are difficult to find, especially if transactions in such plots are infrequent. In these […]

Keine Kommentare

6. August 2024 | State Aid Uncovered von Phedon Nicolaides

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

State Aid Blogs - State Aid Uncovered photos 5

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 […]

Keine Kommentare

13. Oktober 2020 | State Aid Uncovered von Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH

State Aid Blogs - danish currency 1139103 1920

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Keine Kommentare

20. April 2015 | State Aid Uncovered von Phedon Nicolaides

Land Development

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time. Introduction The article examines Commission decision 2015/507 concerning the sale […]

Keine Kommentare

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

- market economy operator principle ×

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 […]

Keine Kommentare

11. März 2025 | State Aid Uncovered von Phedon Nicolaides

Lease of Public Land

State Aid Blogs - State Aid Uncovered photos 41

Introduction Public land is a public asset that must be priced correctly when rented out to third parties. The problem is that in most cases rented out plots of public land are either too large or are in unusual places. In either case, comparable commercial transactions are difficult to find, especially if transactions in such plots are infrequent. In these […]

Keine Kommentare

6. August 2024 | State Aid Uncovered von Phedon Nicolaides

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

State Aid Blogs - State Aid Uncovered photos 5

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 […]

Keine Kommentare

13. Oktober 2020 | State Aid Uncovered von Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH

State Aid Blogs - danish currency 1139103 1920

Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

Keine Kommentare

20. April 2015 | State Aid Uncovered von Phedon Nicolaides

Land Development

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time. Introduction The article examines Commission decision 2015/507 concerning the sale […]

Keine Kommentare

12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

office table

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

Keine Kommentare

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