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 ×

28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
8. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid May Have an Incentive Effect Even After the Start of Work: But Would it Favour Inefficient Operators?
State Aid Blogs - Untitled design 11
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal market is the presence of incentive effect. That is, the aid is capable of changing the behaviour of the recipient. If it does not, then public money is wasted because it has no effect on what happens on the market anyway. In principle, in order […]
Mehr lesen
Keine Kommentare
30. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

Cumulation of State Aid Granted by Different Member States
State Aid Blogs - State Aid Uncovered SM posts 6
Introduction The EU Green Deal and the Climate, Environmental Protection and Energy Aid Guidelines [CEEAG] allow Member States to grant more aid, in diversity and amounts, to incentivise companies to invest in greener technologies and energy. However, when multiple Member States grant aid for the same purpose, there is a risk of overcompensation of undertakings that operate across Member States. […]
Mehr lesen
Keine Kommentare
24. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Resources Include all the Resources that Can be Directed by the State for its own Purposes
State Aid Blogs - State Aid Uncovered SM posts 40
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija.[1] A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) TFEU, Article 108(3) TFEU, Regulation 1407/2013 on de minimis aid and of the procedural Regulation 2015/1589. The […]
Mehr lesen
Keine Kommentare
17. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Private Acquirer Test: An Illuminating and also Puzzling Judgment
State Aid Blogs - State Aid Uncovered SM posts 22
A public authority may act as a market operator and acquire services through a private third party without conferring an advantage to the provider of those services. Introduction When a public authority buys a service and pays the market price it does not confer an advantage to the seller in the meaning of Article 107(1) TFEU. Even if it pursues […]
Mehr lesen
Keine Kommentare
10. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Value of Land
State Aid Blogs - State Aid Uncovered SM posts 19
Different valuation methods do not confer a selective advantage if they generate similar results. Introduction Land or immovable property has no intrinsic value. Its value depends on how the land or property is used. In turn, how it is used is determined by several factors such as its location, and the applicable zoning rules. A plot of land in an […]
Mehr lesen
Keine Kommentare
3. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Link between State Aid and Environmental Provisions of EU Law
State Aid Blogs - State Aid Uncovered SM posts 17
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the construction of a mega factory. The factory will produce its own energy and […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
8. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid May Have an Incentive Effect Even After the Start of Work: But Would it Favour Inefficient Operators?
State Aid Blogs - Untitled design 11
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal market is the presence of incentive effect. That is, the aid is capable of changing the behaviour of the recipient. If it does not, then public money is wasted because it has no effect on what happens on the market anyway. In principle, in order […]
Mehr lesen
Keine Kommentare
30. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

Cumulation of State Aid Granted by Different Member States
State Aid Blogs - State Aid Uncovered SM posts 6
Introduction The EU Green Deal and the Climate, Environmental Protection and Energy Aid Guidelines [CEEAG] allow Member States to grant more aid, in diversity and amounts, to incentivise companies to invest in greener technologies and energy. However, when multiple Member States grant aid for the same purpose, there is a risk of overcompensation of undertakings that operate across Member States. […]
Mehr lesen
Keine Kommentare
24. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Resources Include all the Resources that Can be Directed by the State for its own Purposes
State Aid Blogs - State Aid Uncovered SM posts 40
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija.[1] A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) TFEU, Article 108(3) TFEU, Regulation 1407/2013 on de minimis aid and of the procedural Regulation 2015/1589. The […]
Mehr lesen
Keine Kommentare
17. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Private Acquirer Test: An Illuminating and also Puzzling Judgment
State Aid Blogs - State Aid Uncovered SM posts 22
A public authority may act as a market operator and acquire services through a private third party without conferring an advantage to the provider of those services. Introduction When a public authority buys a service and pays the market price it does not confer an advantage to the seller in the meaning of Article 107(1) TFEU. Even if it pursues […]
Mehr lesen
Keine Kommentare
10. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Value of Land
State Aid Blogs - State Aid Uncovered SM posts 19
Different valuation methods do not confer a selective advantage if they generate similar results. Introduction Land or immovable property has no intrinsic value. Its value depends on how the land or property is used. In turn, how it is used is determined by several factors such as its location, and the applicable zoning rules. A plot of land in an […]
Mehr lesen
Keine Kommentare
3. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Link between State Aid and Environmental Provisions of EU Law
State Aid Blogs - State Aid Uncovered SM posts 17
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the construction of a mega factory. The factory will produce its own energy and […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

28. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

Discretion of Public Authorities and Selectivity
State Aid Blogs - State Aid Uncovered SM posts 30
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a general measure into selective. The Court made a distinction between what may be called “related” or […]
Mehr lesen
Keine Kommentare
21. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Selectivity and Profitability of Agreements between Airports and Airlines
State Aid Blogs - State Aid Uncovered SM posts 27
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable it necessary to examine the objective of the measure. This is what the […]
Mehr lesen
Keine Kommentare
14. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

The European Commission in not Responsible for the Bail-in of Investors in Banks
State Aid Blogs - State Aid Uncovered SM posts 26
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the Commission, or the ECB or the Council or the Eurogroup […]
Mehr lesen
Keine Kommentare
8. Februar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Aid May Have an Incentive Effect Even After the Start of Work: But Would it Favour Inefficient Operators?
State Aid Blogs - Untitled design 11
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal market is the presence of incentive effect. That is, the aid is capable of changing the behaviour of the recipient. If it does not, then public money is wasted because it has no effect on what happens on the market anyway. In principle, in order […]
Mehr lesen
Keine Kommentare
30. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

Cumulation of State Aid Granted by Different Member States
State Aid Blogs - State Aid Uncovered SM posts 6
Introduction The EU Green Deal and the Climate, Environmental Protection and Energy Aid Guidelines [CEEAG] allow Member States to grant more aid, in diversity and amounts, to incentivise companies to invest in greener technologies and energy. However, when multiple Member States grant aid for the same purpose, there is a risk of overcompensation of undertakings that operate across Member States. […]
Mehr lesen
Keine Kommentare
24. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

State Resources Include all the Resources that Can be Directed by the State for its own Purposes
State Aid Blogs - State Aid Uncovered SM posts 40
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija.[1] A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) TFEU, Article 108(3) TFEU, Regulation 1407/2013 on de minimis aid and of the procedural Regulation 2015/1589. The […]
Mehr lesen
Keine Kommentare
17. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Private Acquirer Test: An Illuminating and also Puzzling Judgment
State Aid Blogs - State Aid Uncovered SM posts 22
A public authority may act as a market operator and acquire services through a private third party without conferring an advantage to the provider of those services. Introduction When a public authority buys a service and pays the market price it does not confer an advantage to the seller in the meaning of Article 107(1) TFEU. Even if it pursues […]
Mehr lesen
Keine Kommentare
10. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Value of Land
State Aid Blogs - State Aid Uncovered SM posts 19
Different valuation methods do not confer a selective advantage if they generate similar results. Introduction Land or immovable property has no intrinsic value. Its value depends on how the land or property is used. In turn, how it is used is determined by several factors such as its location, and the applicable zoning rules. A plot of land in an […]
Mehr lesen
Keine Kommentare
3. Januar 2023  |   State Aid Uncovered von Phedon Nicolaides

The Link between State Aid and Environmental Provisions of EU Law
State Aid Blogs - State Aid Uncovered SM posts 17
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the construction of a mega factory. The factory will produce its own energy and […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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