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

Guest State Aid Blog ×

3. Dezember 2024 | State Aid Uncovered von Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 24

Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]

Keine Kommentare

26. November 2024 | State Aid Uncovered von Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act

State Aid Blogs - State Aid Uncovered photos 23

Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]

Keine Kommentare

29. Oktober 2024 | State Aid Uncovered von Phedon Nicolaides

An Unusual SGEI

State Aid Blogs - State Aid Uncovered photos 16

Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]

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. […]

Keine Kommentare

30. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid

State Aid Blogs - State Aid Uncovered photos 5

Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]

Keine Kommentare

17. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage

State Aid Blogs - Untitled design 10

Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]

Keine Kommentare

28. Dezember 2022 | State Aid Uncovered von Phedon Nicolaides

The Consequences of not Knowing when State Aid is State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction Public officials, legal advisors and academics are sometimes frustrated by the practice of the Commission of declaring a public measure as being compatible with the internal market without first taking a firm position on whether that measure constitutes State aid. The Commission would say something like “it is not certain whether the aided activity is economic in nature” or […]

Keine Kommentare

8. November 2022 | State Aid Uncovered von Phedon Nicolaides

Natural Disasters and State Aid

State Aid Blogs - State Aid Uncovered SM posts 4

Compensation for damage suffered by undertakings as a result of a natural disaster constitutes State aid. The compensation is compatible with the internal market only if, first, there is a causal relationship between the natural disaster and the damage and, second, the amount of compensation does not exceed the amount of the damage. Introduction Financial assistance in the form of […]

Keine Kommentare

22. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage and De Minimis Aid

State Aid Blogs - Social Media posts 4

Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of Article 107(1) TFEU is any benefit granted by the state that is not available under normal market conditions. Normal market conditions are […]

Keine Kommentare

15. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation and State Aid

State Aid Blogs - Social Media posts 3 2

An event that causes damage for which the state is liable is distinct from the act that confers the right for compensation. Introduction The concept of State aid covers all resources that are controlled by the state, regardless of the reason why such resources may be transferred to or put at the disposal of an undertaking. On 25 January 2022, […]

Keine Kommentare

Nächste Seite »

Guest State Aid Blog ×

3. Dezember 2024 | State Aid Uncovered von Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 24

Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]

Keine Kommentare

26. November 2024 | State Aid Uncovered von Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act

State Aid Blogs - State Aid Uncovered photos 23

Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]

Keine Kommentare

29. Oktober 2024 | State Aid Uncovered von Phedon Nicolaides

An Unusual SGEI

State Aid Blogs - State Aid Uncovered photos 16

Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]

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. […]

Keine Kommentare

30. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid

State Aid Blogs - State Aid Uncovered photos 5

Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]

Keine Kommentare

17. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage

State Aid Blogs - Untitled design 10

Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]

Keine Kommentare

28. Dezember 2022 | State Aid Uncovered von Phedon Nicolaides

The Consequences of not Knowing when State Aid is State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction Public officials, legal advisors and academics are sometimes frustrated by the practice of the Commission of declaring a public measure as being compatible with the internal market without first taking a firm position on whether that measure constitutes State aid. The Commission would say something like “it is not certain whether the aided activity is economic in nature” or […]

Keine Kommentare

8. November 2022 | State Aid Uncovered von Phedon Nicolaides

Natural Disasters and State Aid

State Aid Blogs - State Aid Uncovered SM posts 4

Compensation for damage suffered by undertakings as a result of a natural disaster constitutes State aid. The compensation is compatible with the internal market only if, first, there is a causal relationship between the natural disaster and the damage and, second, the amount of compensation does not exceed the amount of the damage. Introduction Financial assistance in the form of […]

Keine Kommentare

22. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage and De Minimis Aid

State Aid Blogs - Social Media posts 4

Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of Article 107(1) TFEU is any benefit granted by the state that is not available under normal market conditions. Normal market conditions are […]

Keine Kommentare

15. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation and State Aid

State Aid Blogs - Social Media posts 3 2

An event that causes damage for which the state is liable is distinct from the act that confers the right for compensation. Introduction The concept of State aid covers all resources that are controlled by the state, regardless of the reason why such resources may be transferred to or put at the disposal of an undertaking. On 25 January 2022, […]

Keine Kommentare

Nächste Seite »

Guest State Aid Blog ×

3. Dezember 2024 | State Aid Uncovered von Phedon Nicolaides

Compensation for Non-payment of State Aid Can Constitute State Aid

State Aid Blogs - State Aid Uncovered photos 24

Introduction A perennial question by aggrieved investors who feel cheated by u-turns in public policy is: “May I claim compensation for damage that I have suffered as a result of non-payment of the State aid that was promised to me?” As a result of recent case law, it is now clear that there are several answers to this question: First, […]

Keine Kommentare

26. November 2024 | State Aid Uncovered von Phedon Nicolaides

i) Compensation Can Be State Aid ii) Failure to Act

State Aid Blogs - State Aid Uncovered photos 23

Introduction This article reviews two judgments concerning a claim that compensation does not constitute State aid and a complaint that the Commission had failed to act, respectively. The latter case is particularly interesting because it is probably the only judgment in the past decade or two that the Court of Justice has actually upheld a claim that the Commission breached […]

Keine Kommentare

29. Oktober 2024 | State Aid Uncovered von Phedon Nicolaides

An Unusual SGEI

State Aid Blogs - State Aid Uncovered photos 16

Introduction Member States are free to determine what the regard as a service of general economic interest [SGEI]. The Commission may only check whether the definition is free of manifest error and that any compensation that is provided conforms with the conditions laid down in the 2012 SGEI package. Member States commit a manifest error when they designate as SGEI […]

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. […]

Keine Kommentare

30. Juli 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid Measures May not Infringe EU Law outside the Field of State Aid

State Aid Blogs - State Aid Uncovered photos 5

Introduction In December 2020, the Commission approved State aid scheme SA.59029 by which Italy compensated airlines for damage they had suffered as a result of covid-19-related restrictions, in the period from 1 March to 15 June 2020. Eligible airlines were only those that were licensed in Italy. The aid was approved on the basis of Article 107(2)(b) TFEU. In May […]

Keine Kommentare

17. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage

State Aid Blogs - Untitled design 10

Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking the annulment of various Commission decisions authorising aid to airlines during the covid-19 pandemic. Both before the […]

Keine Kommentare

28. Dezember 2022 | State Aid Uncovered von Phedon Nicolaides

The Consequences of not Knowing when State Aid is State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction Public officials, legal advisors and academics are sometimes frustrated by the practice of the Commission of declaring a public measure as being compatible with the internal market without first taking a firm position on whether that measure constitutes State aid. The Commission would say something like “it is not certain whether the aided activity is economic in nature” or […]

Keine Kommentare

8. November 2022 | State Aid Uncovered von Phedon Nicolaides

Natural Disasters and State Aid

State Aid Blogs - State Aid Uncovered SM posts 4

Compensation for damage suffered by undertakings as a result of a natural disaster constitutes State aid. The compensation is compatible with the internal market only if, first, there is a causal relationship between the natural disaster and the damage and, second, the amount of compensation does not exceed the amount of the damage. Introduction Financial assistance in the form of […]

Keine Kommentare

22. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for Damage and De Minimis Aid

State Aid Blogs - Social Media posts 4

Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of Article 107(1) TFEU is any benefit granted by the state that is not available under normal market conditions. Normal market conditions are […]

Keine Kommentare

15. Februar 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation and State Aid

State Aid Blogs - Social Media posts 3 2

An event that causes damage for which the state is liable is distinct from the act that confers the right for compensation. Introduction The concept of State aid covers all resources that are controlled by the state, regardless of the reason why such resources may be transferred to or put at the disposal of an undertaking. On 25 January 2022, […]

Keine Kommentare

Nächste Seite »

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