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

- Italy v Commission ×

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

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 […]

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

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 […]

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid

Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]

Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?

The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]

- Italy v Commission ×

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

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 […]

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

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 […]

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid

Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]

Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?

The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]

- Italy v Commission ×

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

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 […]

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

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 […]

Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid

Extension of an existing aid measure results in the granting of new aid. Only conditions of absolute impossibility can justify non-recovery of incompatible aid. Member States have to exhaust all possible options to recover incompatible aid and, if necessary, have to force the closure of the recipient of the aid. IntroductionIn this article I examine two recent judgments both of […]

The Private Investor Principle Applied to Loans [Commission Decision 2013/528]

Introduction The State aid issue in this case is relatively straightforward. Nauta, a Polish shipyard, received a two-year loan from IDA, the state-owned Polish Investment Agency. Because Nauta ran into some financial trouble, the loan was extended for another two years. In Decision 2013/528, the Commission had to examine two questions: First, did the initial loan market conform? Second, if […]

Is the Commission Abusing its Discretion, or Should Member States be Allowed to Waste their Own Money?

The European State Aid Law Institute is celebrating the eleventh anniversary of its annual conference. For the past decade a perennial issue in EStALI events but also in similar events organised by other institutions has been the complaint of national officials that the rules on state aid are too intrusive and that the European Commission attempts to exert too much […]

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