Europäisches Beihilfenrecht Blog

State Aid Uncovered Blog

On a weekly basis Phedon Nicolaides posts critical analysis pieces on the latest State aid judgments and decisions on his blog State Aid Uncovered. Each article presents the main points of a court ruling or Commission‘s decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions.
Occasional guest blog posts by other State aid experts complement the State aid knowledge hub.

Join the debate now!

Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

- General Court ×

9. April 2019 | State Aid Uncovered von Phedon Nicolaides

The Boundary between State and Private Resources

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

Discretion in the form of intervention can remove it from the control of the state. Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]

Keine Kommentare

6. November 2018 | State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market

State Aid Blogs -

Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade. Introduction […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

6. Oktober 2016 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Extra Costs Imposed by Law

State Aid Blogs - m 15 1

When the state imposes obligations which create extra costs for a single undertaking, that undertaking suffers a disadvantage in relation to its competitors. The extra costs are abnormal because normal costs are those borne by all competitors. Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission.1 The outcome was a victory for […]

2 Kommentare

26. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

Compatible State Aid May Have Negative Effects on some Market Operators

State Aid Blogs - m 22 1

The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]

Keine Kommentare

12. April 2016 | State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account

State Aid Blogs - m 31 1

A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]

Keine Kommentare

1. Februar 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – February 2016

State Aid Blogs - m 33

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 04/02/2016 Judgment in Case T-287/11 – Heitkamp BauHolding v Commission (General Court – Ninth Chamber) Judgment in […]

Keine Kommentare

5. Januar 2016 | State Aid Uncovered von Phedon Nicolaides

An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease [1]

State Aid Blogs - m 40

An exception from a tax system is not selective if it is a priori open to any tax payer. Checks by tax authorities to ensure that a measure is applied correctly do not constitute exercise of administrative discretion that may render a measure de facto selective. The impact of a measure on trade and competition cannot be merely presumed just […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Lexxion Publisher

Court’s Diary – December 2015

State Aid Blogs - m 41

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 07/12/2015 Judgment in Case T-242/12 – SNCF v Commission (General Court – Seventh Chamber) Thursday 17/12/2015 Judgment in […]

Keine Kommentare

27. Oktober 2015 | State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions

State Aid Blogs - m 5 2

A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives. Introduction Even since the Altmark judgment of July 2003, public authorities […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

- General Court ×

9. April 2019 | State Aid Uncovered von Phedon Nicolaides

The Boundary between State and Private Resources

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

Discretion in the form of intervention can remove it from the control of the state. Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]

Keine Kommentare

6. November 2018 | State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market

State Aid Blogs -

Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade. Introduction […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

6. Oktober 2016 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Extra Costs Imposed by Law

State Aid Blogs - m 15 1

When the state imposes obligations which create extra costs for a single undertaking, that undertaking suffers a disadvantage in relation to its competitors. The extra costs are abnormal because normal costs are those borne by all competitors. Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission.1 The outcome was a victory for […]

2 Kommentare

26. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

Compatible State Aid May Have Negative Effects on some Market Operators

State Aid Blogs - m 22 1

The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]

Keine Kommentare

12. April 2016 | State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account

State Aid Blogs - m 31 1

A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]

Keine Kommentare

1. Februar 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – February 2016

State Aid Blogs - m 33

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 04/02/2016 Judgment in Case T-287/11 – Heitkamp BauHolding v Commission (General Court – Ninth Chamber) Judgment in […]

Keine Kommentare

5. Januar 2016 | State Aid Uncovered von Phedon Nicolaides

An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease [1]

State Aid Blogs - m 40

An exception from a tax system is not selective if it is a priori open to any tax payer. Checks by tax authorities to ensure that a measure is applied correctly do not constitute exercise of administrative discretion that may render a measure de facto selective. The impact of a measure on trade and competition cannot be merely presumed just […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Lexxion Publisher

Court’s Diary – December 2015

State Aid Blogs - m 41

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 07/12/2015 Judgment in Case T-242/12 – SNCF v Commission (General Court – Seventh Chamber) Thursday 17/12/2015 Judgment in […]

Keine Kommentare

27. Oktober 2015 | State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions

State Aid Blogs - m 5 2

A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives. Introduction Even since the Altmark judgment of July 2003, public authorities […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

- General Court ×

9. April 2019 | State Aid Uncovered von Phedon Nicolaides

The Boundary between State and Private Resources

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

Discretion in the form of intervention can remove it from the control of the state. Introduction Suppose a thug puts a gun to your head and demands your wallet. Because you have sentimental photos in your wallet, you offer instead the keys to your car. You would rather lose the car than the wallet. Can the thug claim in […]

Keine Kommentare

6. November 2018 | State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market

State Aid Blogs -

Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade. Introduction […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

6. Oktober 2016 | State Aid Uncovered von Phedon Nicolaides

Compensation for the Extra Costs Imposed by Law

State Aid Blogs - m 15 1

When the state imposes obligations which create extra costs for a single undertaking, that undertaking suffers a disadvantage in relation to its competitors. The extra costs are abnormal because normal costs are those borne by all competitors. Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission.1 The outcome was a victory for […]

2 Kommentare

26. Juli 2016 | State Aid Uncovered von Phedon Nicolaides

Compatible State Aid May Have Negative Effects on some Market Operators

State Aid Blogs - m 22 1

The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to remedy market failure may be compatible with the internal market even if it has a negative impact on some market operators. […]

Keine Kommentare

12. April 2016 | State Aid Uncovered von Phedon Nicolaides

The Private Creditor Test: All Options Must be Taken into Account

State Aid Blogs - m 31 1

A private investor always takes into account all available information before it makes any investment. Similarly, a private creditor takes into account all available options for recovering the largest possible amount of the money that is due. Such options may include different legal procedures. In assessing alternative options, a private creditor considers not only the amount that may be recovered, […]

Keine Kommentare

1. Februar 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – February 2016

State Aid Blogs - m 33

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 04/02/2016 Judgment in Case T-287/11 – Heitkamp BauHolding v Commission (General Court – Ninth Chamber) Judgment in […]

Keine Kommentare

5. Januar 2016 | State Aid Uncovered von Phedon Nicolaides

An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease [1]

State Aid Blogs - m 40

An exception from a tax system is not selective if it is a priori open to any tax payer. Checks by tax authorities to ensure that a measure is applied correctly do not constitute exercise of administrative discretion that may render a measure de facto selective. The impact of a measure on trade and competition cannot be merely presumed just […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Lexxion Publisher

Court’s Diary – December 2015

State Aid Blogs - m 41

Find below the court’s diary for all State aid cases. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us (stateaidhub@lexxion.eu), we are happy to publish your comment on the blog Thursday 07/12/2015 Judgment in Case T-242/12 – SNCF v Commission (General Court – Seventh Chamber) Thursday 17/12/2015 Judgment in […]

Keine Kommentare

27. Oktober 2015 | State Aid Uncovered von Phedon Nicolaides

The Perennial Altmark Questions

State Aid Blogs - m 5 2

A SGEI provider does not have to be efficient by industry standards in order to receive compensation for its next extra costs. Although the conditions for compatibility of public service compensation under Article 106(2) TFEU appear to be similar to the Altmark criteria, they have very different objectives. Introduction Even since the Altmark judgment of July 2003, public authorities […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

How to Submit a Blog Post

Do you want to share your analysis of a State aid law topic? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU State aid law; new developments, publications, hot topics in EU State aid law. The recommended length of the post is 500-2,000 words incl. references (endnotes). Your analysis will be published under the category ‘Guest State Aid Blog’.

Here’s how you can publish a post on the Blog as a guest author:

Step 1: Submit your draft to Nelly Stratieva at stratieva@lexxion.eu.

Step 2: We at Lexxion will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalised and accepted, we will publish your post.

Gastbeitrag einreichen