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

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23. April 2024 | State Aid Uncovered von Phedon Nicolaides

Pricing of Access to Infrastructure for the Treatment of Waste Water

State Aid Blogs - State Aid Uncovered photos 10

Introduction It is not unusual for EU courts to refer to the Commission’s 2016 Notice on the Notion of State Aid as a means of shedding light to the more obscure aspects of that notion. What is very unusual is for EU courts to treat the Notice as if it has the same status as the guidelines that bind the […]

Keine Kommentare

9. April 2024 | State Aid Uncovered von Phedon Nicolaides

An Innovative Risk-Sharing Tool for the Support of an LNG Terminal

State Aid Blogs - State Aid Uncovered photos 8

Introduction The Commission, in decision SA.102163, authorised State aid for the construction of a terminal for liquefied natural gas [LNG] in Brunsbüttel, Germany.1 The project consists of an LNG import, storage and distribution facility with annual capacity of about 10 billion m3. The project is carried out by the German LNG Terminal GmbH [GLNG] which has three shareholders: the Dutch […]

Keine Kommentare

2. April 2024 | State Aid Uncovered von Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity

State Aid Blogs - State Aid Uncovered SM posts

Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]

Keine Kommentare

5. März 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid and Arbitration of Disputes

State Aid Blogs - State Aid Uncovered photos

Introduction On 22 February 2024, the Court of Justice [CJEU] delivered its judgment in joined Cases C-701/21 P and C-739/21 P, Mytilinaios v DEI & European Commission. Mytilinaios, a Greek company, and the Commission appealed against the judgment of the General Court in case T-639/14 RENV, DEI v Commission, concerning arbitration of a dispute between Mytilinaios and DEI, the main […]

Keine Kommentare

20. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

Another Case of Indirect State Aid

State Aid Blogs - State Aid Uncovered photos 4

Introduction On 19 May 2021, the General Court, in case T-643/20, Ryanair v Commission, annulled Commission decision SA.57116 by which it authorised State aid in favour of KLM in the context of the measures implemented by the Dutch government to address the covid-19 pandemic. In July 2021, the Commission re-adopted its original decision without the errors that had been identified […]

Keine Kommentare

19. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

Indirect Advantage

State Aid Blogs - Untitled design 30

Introduction It is an established principle in the State aid case law that Article 107(1) TFEU applies both to direct and possibly indirect aid beneficiaries. Yet, it is not always easy to identify any indirect beneficiaries. On 15 November 2023, the General Court, in case T-167/21, European Gaming and Betting Association v European Commission, faulted the latter for failing to […]

Keine Kommentare

20. November 2023 | State Aid Uncovered von Phedon Nicolaides

State Guarantees

State Aid Blogs - Untitled design 14

Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]

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

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

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23. April 2024 | State Aid Uncovered von Phedon Nicolaides

Pricing of Access to Infrastructure for the Treatment of Waste Water

State Aid Blogs - State Aid Uncovered photos 10

Introduction It is not unusual for EU courts to refer to the Commission’s 2016 Notice on the Notion of State Aid as a means of shedding light to the more obscure aspects of that notion. What is very unusual is for EU courts to treat the Notice as if it has the same status as the guidelines that bind the […]

Keine Kommentare

9. April 2024 | State Aid Uncovered von Phedon Nicolaides

An Innovative Risk-Sharing Tool for the Support of an LNG Terminal

State Aid Blogs - State Aid Uncovered photos 8

Introduction The Commission, in decision SA.102163, authorised State aid for the construction of a terminal for liquefied natural gas [LNG] in Brunsbüttel, Germany.1 The project consists of an LNG import, storage and distribution facility with annual capacity of about 10 billion m3. The project is carried out by the German LNG Terminal GmbH [GLNG] which has three shareholders: the Dutch […]

Keine Kommentare

2. April 2024 | State Aid Uncovered von Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity

State Aid Blogs - State Aid Uncovered SM posts

Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]

Keine Kommentare

5. März 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid and Arbitration of Disputes

State Aid Blogs - State Aid Uncovered photos

Introduction On 22 February 2024, the Court of Justice [CJEU] delivered its judgment in joined Cases C-701/21 P and C-739/21 P, Mytilinaios v DEI & European Commission. Mytilinaios, a Greek company, and the Commission appealed against the judgment of the General Court in case T-639/14 RENV, DEI v Commission, concerning arbitration of a dispute between Mytilinaios and DEI, the main […]

Keine Kommentare

20. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

Another Case of Indirect State Aid

State Aid Blogs - State Aid Uncovered photos 4

Introduction On 19 May 2021, the General Court, in case T-643/20, Ryanair v Commission, annulled Commission decision SA.57116 by which it authorised State aid in favour of KLM in the context of the measures implemented by the Dutch government to address the covid-19 pandemic. In July 2021, the Commission re-adopted its original decision without the errors that had been identified […]

Keine Kommentare

19. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

Indirect Advantage

State Aid Blogs - Untitled design 30

Introduction It is an established principle in the State aid case law that Article 107(1) TFEU applies both to direct and possibly indirect aid beneficiaries. Yet, it is not always easy to identify any indirect beneficiaries. On 15 November 2023, the General Court, in case T-167/21, European Gaming and Betting Association v European Commission, faulted the latter for failing to […]

Keine Kommentare

20. November 2023 | State Aid Uncovered von Phedon Nicolaides

State Guarantees

State Aid Blogs - Untitled design 14

Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]

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

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

« Vorherige Seite Nächste Seite »

- advantage ×

23. April 2024 | State Aid Uncovered von Phedon Nicolaides

Pricing of Access to Infrastructure for the Treatment of Waste Water

State Aid Blogs - State Aid Uncovered photos 10

Introduction It is not unusual for EU courts to refer to the Commission’s 2016 Notice on the Notion of State Aid as a means of shedding light to the more obscure aspects of that notion. What is very unusual is for EU courts to treat the Notice as if it has the same status as the guidelines that bind the […]

Keine Kommentare

9. April 2024 | State Aid Uncovered von Phedon Nicolaides

An Innovative Risk-Sharing Tool for the Support of an LNG Terminal

State Aid Blogs - State Aid Uncovered photos 8

Introduction The Commission, in decision SA.102163, authorised State aid for the construction of a terminal for liquefied natural gas [LNG] in Brunsbüttel, Germany.1 The project consists of an LNG import, storage and distribution facility with annual capacity of about 10 billion m3. The project is carried out by the German LNG Terminal GmbH [GLNG] which has three shareholders: the Dutch […]

Keine Kommentare

2. April 2024 | State Aid Uncovered von Phedon Nicolaides

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity

State Aid Blogs - State Aid Uncovered SM posts

Introduction Suppose a Member State subsidises the installation of solar panels on the roof of a corporate building situated at number 5 on Main Street. Is this a general measure because there is no other building in the whole country with the same address? Of course, it is not a general measure. The uniqueness of the address is irrelevant. Apart […]

Keine Kommentare

5. März 2024 | State Aid Uncovered von Phedon Nicolaides

State Aid and Arbitration of Disputes

State Aid Blogs - State Aid Uncovered photos

Introduction On 22 February 2024, the Court of Justice [CJEU] delivered its judgment in joined Cases C-701/21 P and C-739/21 P, Mytilinaios v DEI & European Commission. Mytilinaios, a Greek company, and the Commission appealed against the judgment of the General Court in case T-639/14 RENV, DEI v Commission, concerning arbitration of a dispute between Mytilinaios and DEI, the main […]

Keine Kommentare

20. Februar 2024 | State Aid Uncovered von Phedon Nicolaides

Another Case of Indirect State Aid

State Aid Blogs - State Aid Uncovered photos 4

Introduction On 19 May 2021, the General Court, in case T-643/20, Ryanair v Commission, annulled Commission decision SA.57116 by which it authorised State aid in favour of KLM in the context of the measures implemented by the Dutch government to address the covid-19 pandemic. In July 2021, the Commission re-adopted its original decision without the errors that had been identified […]

Keine Kommentare

19. Dezember 2023 | State Aid Uncovered von Phedon Nicolaides

Indirect Advantage

State Aid Blogs - Untitled design 30

Introduction It is an established principle in the State aid case law that Article 107(1) TFEU applies both to direct and possibly indirect aid beneficiaries. Yet, it is not always easy to identify any indirect beneficiaries. On 15 November 2023, the General Court, in case T-167/21, European Gaming and Betting Association v European Commission, faulted the latter for failing to […]

Keine Kommentare

20. November 2023 | State Aid Uncovered von Phedon Nicolaides

State Guarantees

State Aid Blogs - Untitled design 14

Introduction Public authorities often grant guarantees to undertakings so that the latter can borrow commercial loans at lower rates of interest. The 2008 Commission Notice on guarantees sets out four cumulative conditions that create a presumption that a state guarantee is free of State aid: 1. The borrower is not in financial difficulty. 2. The guarantee must be linked to […]

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

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

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