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 ×

13. September 2022 | State Aid Uncovered von Phedon Nicolaides

State Aid for External Transport Costs

State Aid Blogs - State Aid Uncovered SM posts 1

State aid may be granted to reduce the difference in “external” costs caused by different modes of transport. Introduction Member States have used money from the Recovery and Resilience Fund [RRF] to support the development of less polluting and more energy efficient activities and technologies. A case in point is Spain’s scheme that incentivises the transfer of freight traffic from […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

30. August 2022 | State Aid Uncovered von Phedon Nicolaides

Support for Research & Innovation in the Context of the Temporary Framework

State Aid Blogs - State Aid Uncovered SM posts 21

Introduction The Temporary Framework [TF] that was introduced in March 2020 expired on 30 June 2022. However, two provisions of the TF remain in force until 31 December 2022. They are investment support for sustainable recovery [section 3.13 of the TF] and solvency support [section 3.14 of the TF]. In the former case, individual aid must be granted before 1 […]

Keine Kommentare

23. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part II)

State Aid Blogs - State Aid Uncovered SM posts 18 1

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

16. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part I)

State Aid Blogs - State Aid Uncovered SM posts 19

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

9. August 2022 | State Aid Uncovered von Phedon Nicolaides

Legal Standing of Competitors

State Aid Blogs - State Aid Uncovered SM posts 18

A Commission decision authorising or prohibiting a state aid measure that can be implemented without any intermediate rules is a “regulatory act” that can be challenged by “directly concerned” undertakings. Introduction Any natural or legal person who is the addressee of an act of an EU institution can challenge that act before EU courts. This is a right that is […]

Keine Kommentare

2. August 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part II)

State Aid Blogs - State Aid Uncovered SM posts 16

Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures have been notified to the Commission for prior approval since 2014. Therefore, it was rather unusual that in […]

Keine Kommentare

26. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part I)

State Aid Blogs - State Aid Uncovered SM posts 16

The revenue from the economic activities of a research organisation must cover the full cost of those activities. Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures […]

Keine Kommentare

19. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

The State Behaving Like a Private Land Owner

State Aid Blogs - State Aid Uncovered SM posts

A private land owner changes rent at market rates. But it may accept lower rent if the user of the land incurs costs to improve it. Comparative analysis to determine the market value of land must take into account not only the particularities of the various land plots, but also the particularities of the various rental contracts. Introduction When the […]

Keine Kommentare

12. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

State Guarantees without State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction State guarantees may constitute State aid if they are not priced at market rates. A properly priced guarantee reflects the risk assumed by the public authority that issues it and the collateral, if any, that the beneficiary undertaking can pledge. The State aid that is embedded in a guarantee that is priced below the relevant market rate is operating […]

Keine Kommentare

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State Aid Uncovered ×

13. September 2022 | State Aid Uncovered von Phedon Nicolaides

State Aid for External Transport Costs

State Aid Blogs - State Aid Uncovered SM posts 1

State aid may be granted to reduce the difference in “external” costs caused by different modes of transport. Introduction Member States have used money from the Recovery and Resilience Fund [RRF] to support the development of less polluting and more energy efficient activities and technologies. A case in point is Spain’s scheme that incentivises the transfer of freight traffic from […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

30. August 2022 | State Aid Uncovered von Phedon Nicolaides

Support for Research & Innovation in the Context of the Temporary Framework

State Aid Blogs - State Aid Uncovered SM posts 21

Introduction The Temporary Framework [TF] that was introduced in March 2020 expired on 30 June 2022. However, two provisions of the TF remain in force until 31 December 2022. They are investment support for sustainable recovery [section 3.13 of the TF] and solvency support [section 3.14 of the TF]. In the former case, individual aid must be granted before 1 […]

Keine Kommentare

23. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part II)

State Aid Blogs - State Aid Uncovered SM posts 18 1

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

16. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part I)

State Aid Blogs - State Aid Uncovered SM posts 19

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

9. August 2022 | State Aid Uncovered von Phedon Nicolaides

Legal Standing of Competitors

State Aid Blogs - State Aid Uncovered SM posts 18

A Commission decision authorising or prohibiting a state aid measure that can be implemented without any intermediate rules is a “regulatory act” that can be challenged by “directly concerned” undertakings. Introduction Any natural or legal person who is the addressee of an act of an EU institution can challenge that act before EU courts. This is a right that is […]

Keine Kommentare

2. August 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part II)

State Aid Blogs - State Aid Uncovered SM posts 16

Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures have been notified to the Commission for prior approval since 2014. Therefore, it was rather unusual that in […]

Keine Kommentare

26. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part I)

State Aid Blogs - State Aid Uncovered SM posts 16

The revenue from the economic activities of a research organisation must cover the full cost of those activities. Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures […]

Keine Kommentare

19. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

The State Behaving Like a Private Land Owner

State Aid Blogs - State Aid Uncovered SM posts

A private land owner changes rent at market rates. But it may accept lower rent if the user of the land incurs costs to improve it. Comparative analysis to determine the market value of land must take into account not only the particularities of the various land plots, but also the particularities of the various rental contracts. Introduction When the […]

Keine Kommentare

12. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

State Guarantees without State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction State guarantees may constitute State aid if they are not priced at market rates. A properly priced guarantee reflects the risk assumed by the public authority that issues it and the collateral, if any, that the beneficiary undertaking can pledge. The State aid that is embedded in a guarantee that is priced below the relevant market rate is operating […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

13. September 2022 | State Aid Uncovered von Phedon Nicolaides

State Aid for External Transport Costs

State Aid Blogs - State Aid Uncovered SM posts 1

State aid may be granted to reduce the difference in “external” costs caused by different modes of transport. Introduction Member States have used money from the Recovery and Resilience Fund [RRF] to support the development of less polluting and more energy efficient activities and technologies. A case in point is Spain’s scheme that incentivises the transfer of freight traffic from […]

Keine Kommentare

6. September 2022 | State Aid Uncovered von Phedon Nicolaides

Special Economic Zones

State Aid Blogs - State Aid Uncovered SM posts 29

Member States must check that the State aid claimed by undertakings established in special economic zones concern activities that are actually carried out within those zones. Introduction Several Member States have special economic zones in which companies enjoy preferential tax treatment. These zones can be divided into two categories: those that can be found mostly in the new Member States […]

Keine Kommentare

30. August 2022 | State Aid Uncovered von Phedon Nicolaides

Support for Research & Innovation in the Context of the Temporary Framework

State Aid Blogs - State Aid Uncovered SM posts 21

Introduction The Temporary Framework [TF] that was introduced in March 2020 expired on 30 June 2022. However, two provisions of the TF remain in force until 31 December 2022. They are investment support for sustainable recovery [section 3.13 of the TF] and solvency support [section 3.14 of the TF]. In the former case, individual aid must be granted before 1 […]

Keine Kommentare

23. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part II)

State Aid Blogs - State Aid Uncovered SM posts 18 1

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

16. August 2022 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Cost of Public Service Obligations (Part I)

State Aid Blogs - State Aid Uncovered SM posts 19

Public service obligations must be imposed through an act of entrustment that defines clearly the terms of the service and the duration of the obligation. The “reasonable profit” in the public service compensation should reflect the risk borne by the provider. Introduction In 2009, the Commission received several complaints concerning State aid that Italy had granted to the various shipping […]

Keine Kommentare

9. August 2022 | State Aid Uncovered von Phedon Nicolaides

Legal Standing of Competitors

State Aid Blogs - State Aid Uncovered SM posts 18

A Commission decision authorising or prohibiting a state aid measure that can be implemented without any intermediate rules is a “regulatory act” that can be challenged by “directly concerned” undertakings. Introduction Any natural or legal person who is the addressee of an act of an EU institution can challenge that act before EU courts. This is a right that is […]

Keine Kommentare

2. August 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part II)

State Aid Blogs - State Aid Uncovered SM posts 16

Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures have been notified to the Commission for prior approval since 2014. Therefore, it was rather unusual that in […]

Keine Kommentare

26. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

Economic Activities of a Research Organisation (Part I)

State Aid Blogs - State Aid Uncovered SM posts 16

The revenue from the economic activities of a research organisation must cover the full cost of those activities. Introduction Member States use extensively the GBER to support R&D schemes. If we exclude the measures that were implemented in the context of covid-19 and now those which are financed by the recovery and resilience fund, not more than a dozen measures […]

Keine Kommentare

19. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

The State Behaving Like a Private Land Owner

State Aid Blogs - State Aid Uncovered SM posts

A private land owner changes rent at market rates. But it may accept lower rent if the user of the land incurs costs to improve it. Comparative analysis to determine the market value of land must take into account not only the particularities of the various land plots, but also the particularities of the various rental contracts. Introduction When the […]

Keine Kommentare

12. Juli 2022 | State Aid Uncovered von Phedon Nicolaides

State Guarantees without State Aid

State Aid Blogs - State Aid Uncovered SM posts 15

Introduction State guarantees may constitute State aid if they are not priced at market rates. A properly priced guarantee reflects the risk assumed by the public authority that issues it and the collateral, if any, that the beneficiary undertaking can pledge. The State aid that is embedded in a guarantee that is priced below the relevant market rate is operating […]

Keine Kommentare

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