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 ×

31. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)

State Aid Blogs - Untitled design 9

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

Keine Kommentare

24. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)

State Aid Blogs - Untitled design 8

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

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

10. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Advance Tax Rulings

State Aid Blogs - Untitled design 26

Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]

Keine Kommentare

2. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market

State Aid Blogs - Untitled design 7 1

Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]

Keine Kommentare

26. September 2023 | State Aid Uncovered von Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour

State Aid Blogs - Untitled design 9

Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]

Keine Kommentare

12. September 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation

State Aid Blogs - Untitled design 6

Introduction The Netherlands intends to reduce the emission of greenhouse gasses [GHG] by 55% by the year 2050. For this reason, in June 2023 it notified to the Commission a new version of a scheme, called the “Stimulering Duurzame Energieproductie en Klimaattransitie” [SDE++] which loosely translated means incentivising sustainable production of energy and climate transition. Its purpose is to fund […]

Keine Kommentare

5. September 2023 | State Aid Uncovered von Phedon Nicolaides

Transition to a Net-Zero Economy

State Aid Blogs - Untitled design 25

Introduction Although the TCTF requires notification of aid measures, it seems to be more user-friendly than State aid guidelines. This is because Member States may simply copy its provisions in their local law or administrative instrument and sent it to the Commission. A case in point is a German scheme that is reviewed in this article. It was notified to […]

Keine Kommentare

29. August 2023 | State Aid Uncovered von Phedon Nicolaides

Electricity Storage

State Aid Blogs - State Aid Uncovered SM posts

Introduction As indicated by its title, the Temporary Crisis and Transition Framework [TCTF] allows for State aid whose purpose goes beyond the immediate relief of the costs of the market disruption caused by the Russian invasion of Ukraine. Europe’s energy policy does not only aim to reduce dependence on Russian gas, but also to shift to low or zero carbon […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

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State Aid Uncovered ×

31. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)

State Aid Blogs - Untitled design 9

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

Keine Kommentare

24. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)

State Aid Blogs - Untitled design 8

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

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

10. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Advance Tax Rulings

State Aid Blogs - Untitled design 26

Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]

Keine Kommentare

2. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market

State Aid Blogs - Untitled design 7 1

Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]

Keine Kommentare

26. September 2023 | State Aid Uncovered von Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour

State Aid Blogs - Untitled design 9

Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]

Keine Kommentare

12. September 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation

State Aid Blogs - Untitled design 6

Introduction The Netherlands intends to reduce the emission of greenhouse gasses [GHG] by 55% by the year 2050. For this reason, in June 2023 it notified to the Commission a new version of a scheme, called the “Stimulering Duurzame Energieproductie en Klimaattransitie” [SDE++] which loosely translated means incentivising sustainable production of energy and climate transition. Its purpose is to fund […]

Keine Kommentare

5. September 2023 | State Aid Uncovered von Phedon Nicolaides

Transition to a Net-Zero Economy

State Aid Blogs - Untitled design 25

Introduction Although the TCTF requires notification of aid measures, it seems to be more user-friendly than State aid guidelines. This is because Member States may simply copy its provisions in their local law or administrative instrument and sent it to the Commission. A case in point is a German scheme that is reviewed in this article. It was notified to […]

Keine Kommentare

29. August 2023 | State Aid Uncovered von Phedon Nicolaides

Electricity Storage

State Aid Blogs - State Aid Uncovered SM posts

Introduction As indicated by its title, the Temporary Crisis and Transition Framework [TCTF] allows for State aid whose purpose goes beyond the immediate relief of the costs of the market disruption caused by the Russian invasion of Ukraine. Europe’s energy policy does not only aim to reduce dependence on Russian gas, but also to shift to low or zero carbon […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

31. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part II)

State Aid Blogs - Untitled design 9

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

Keine Kommentare

24. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

A Complex Measure of Investment and Operating Aid to an Airport and Airlines (Part I)

State Aid Blogs - Untitled design 8

Introduction In July 2008, the Commission received complaints alleging that France granted State aid to the operator of La Rochelle airport and certain airlines. Almost four years later, in February 2012, the Commission decided to open the formal investigation procedure. It eventually adopted a decision in July 2022 [Commission decision 2023/1683] which found compatible State aid for the airport, incompatible […]

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

10. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

Advance Tax Rulings

State Aid Blogs - Untitled design 26

Introduction In 2016, the Commission found, in decision 2016/1699, that advance tax rulings [ATRs] that had been provided by Belgium to multi-national companies [MNCs] with establishments in Belgium constituted State aid because the ATRs set the taxable income of those companies according to a hypothetical average income rather than their actual income. The profit that exceeded that hypothetical average was […]

Keine Kommentare

2. Oktober 2023 | State Aid Uncovered von Phedon Nicolaides

The Harm Caused by State aid and the Delineation of the Relevant Market

State Aid Blogs - Untitled design 7 1

Introduction A competitor of an aid recipient who wants to challenge a Commission decision authorising State aid must either show that the aid harms it directly and individually – i.e. its interests are seriously affected to a larger extent than anyone else – or that the Commission should have had doubts about the compatibility of the aid during the preliminary […]

Keine Kommentare

26. September 2023 | State Aid Uncovered von Phedon Nicolaides

Non-imposition of Fines on Non-illegal Behaviour

State Aid Blogs - Untitled design 9

Introduction Advantage is any benefit that an undertaking obtains from the intervention of the state. In some situations, however, an undertaking may derive an advantage the non-intervention of the state or, more broadly, from the failure of the state to act. This would be the case where the state does not charge a fee to a user of a state […]

Keine Kommentare

12. September 2023 | State Aid Uncovered von Phedon Nicolaides

Decarbonisation

State Aid Blogs - Untitled design 6

Introduction The Netherlands intends to reduce the emission of greenhouse gasses [GHG] by 55% by the year 2050. For this reason, in June 2023 it notified to the Commission a new version of a scheme, called the “Stimulering Duurzame Energieproductie en Klimaattransitie” [SDE++] which loosely translated means incentivising sustainable production of energy and climate transition. Its purpose is to fund […]

Keine Kommentare

5. September 2023 | State Aid Uncovered von Phedon Nicolaides

Transition to a Net-Zero Economy

State Aid Blogs - Untitled design 25

Introduction Although the TCTF requires notification of aid measures, it seems to be more user-friendly than State aid guidelines. This is because Member States may simply copy its provisions in their local law or administrative instrument and sent it to the Commission. A case in point is a German scheme that is reviewed in this article. It was notified to […]

Keine Kommentare

29. August 2023 | State Aid Uncovered von Phedon Nicolaides

Electricity Storage

State Aid Blogs - State Aid Uncovered SM posts

Introduction As indicated by its title, the Temporary Crisis and Transition Framework [TCTF] allows for State aid whose purpose goes beyond the immediate relief of the costs of the market disruption caused by the Russian invasion of Ukraine. Europe’s energy policy does not only aim to reduce dependence on Russian gas, but also to shift to low or zero carbon […]

Keine Kommentare

14. August 2023 | State Aid Uncovered von Phedon Nicolaides

A Large Investment Project (Part I)

State Aid Blogs - Untitled design 22

Introduction According to the latest edition of the State aid Scoreboard, in 2021, Member States granted EUR 14 billion of aid to support regional development. That amount corresponded to about 10% of the total non-crisis aid. What is perhaps more interesting is that close to EUR 12.5 billion or 90% of the total regional aid was granted on the basis […]

Keine Kommentare

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