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 Resources ×

19. April 2022 | State Aid Uncovered von Phedon Nicolaides

Injection of Capital in a Postal Operator

State Aid Blogs - State Aid Uncovered SM posts 2

The resources of a public undertaking necessarily count as “state resources”, regardless of the degree of autonomy of the public undertaking. However, not every decision of a public undertaking can necessarily be “imputed” to the state. A prudent investor may take into account authorised State aid. A prudent investor may tolerate short-term losses if it can realise sufficient profits in […]

Keine Kommentare

12. April 2022 | State Aid Uncovered von Phedon Nicolaides

A First Commission Decision on Natural Gas Storage

State Aid Blogs - State Aid Uncovered SM posts 1

Compensation that guarantees a normal or fair rate of return eliminates risk that is inherent in market transactions and therefore confers an advantage in the meaning of Article 107(1) TFEU. Introduction On 23 March 2022, the European Commission announced plans to mitigate the spike in energy prices caused by the war in Ukraine. Chief among those plans were proposals for […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

22. März 2022 | State Aid Uncovered von Phedon Nicolaides

I. Vouchers for SMEs II. Funding of Aid with Revenue from Levies Imposed on the Aid Beneficiaries

State Aid Blogs - State Aid Uncovered SM posts 4

State aid rules apply both to direct and indirect beneficiaries of aid. Introduction This week’s article reviews a Commission decision and a judgment of the Court of Justice. The Commission decision concerns Italian vouchers for SMEs to pay for the use of fast broadband services. The judgment deals with a German measure supporting milk quality tests. In both cases an […]

Keine Kommentare

1. März 2022 | State Aid Uncovered von Phedon Nicolaides

Security of Energy Supply

State Aid Blogs - State Aid Uncovered SM posts

Guaranteed supply of electricity at fixed prices to a state-owned network operator involves a transfer of state resources to the supplier. Guaranteed supply of electricity at fixed prices confers an advantage to the supplier. Introduction Member States are allowed to take measures to ensure the security of energy supplies. There is a variety of such measures: imposition of obligations on […]

Keine Kommentare

9. November 2021 | State Aid Uncovered von Phedon Nicolaides

Compensatory Payments and State Resources

State Aid Blogs - blog 45 KV

Funds used in compensation mechanisms mandated by the state become state resources Introduction The Court of Justice has stressed repeatedly that any resource over which the state can exercise control becomes a state resource, regardless of whether it is managed by a public authority or a private entity. Member States, however, keep inventing novel and complicated arrangements in which mandated […]

Keine Kommentare

26. Oktober 2021 | State Aid Uncovered von Phedon Nicolaides

Legitimate Expectations and the “Right” to State Aid

State Aid Blogs - Blog 43 key visual

Legitimate expectations can only be created by EU institutions giving unambiguous and unconditional assurances. No undertaking enjoys a right to State aid. Member States may reduce the amount of State aid they grant. Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the […]

Keine Kommentare

10. August 2021 | State Aid Uncovered von Phedon Nicolaides

When Do Legal Exemptions Constitute State Aid?

State Aid Blogs - 32 ibrahim boran r0zrjWheW2g unsplash 1

Exemption from a fine does not constitute State aid when it is based on transparent and pre-determined criteria. Infringement of EU law determines the compatibility of State aid, not the existence of State aid. Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not […]

Keine Kommentare

23. März 2021 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights and State Aid

State Aid Blogs - StateAidHub blogpost12 Poste Italiane

Exclusive rights may constitute State aid if they mandate payments with resources over which the state can exercise control. Compensation for the cost of public service obligations may be granted only if the obligations are clear and define a service that is different from market services. Introduction Article 106(1) TFEU requires Member States not to distort competition when they grant […]

Keine Kommentare

9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

State Aid Blogs - StateAidHub blogpost7 Bank Italy

A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

Keine Kommentare

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- State Resources ×

19. April 2022 | State Aid Uncovered von Phedon Nicolaides

Injection of Capital in a Postal Operator

State Aid Blogs - State Aid Uncovered SM posts 2

The resources of a public undertaking necessarily count as “state resources”, regardless of the degree of autonomy of the public undertaking. However, not every decision of a public undertaking can necessarily be “imputed” to the state. A prudent investor may take into account authorised State aid. A prudent investor may tolerate short-term losses if it can realise sufficient profits in […]

Keine Kommentare

12. April 2022 | State Aid Uncovered von Phedon Nicolaides

A First Commission Decision on Natural Gas Storage

State Aid Blogs - State Aid Uncovered SM posts 1

Compensation that guarantees a normal or fair rate of return eliminates risk that is inherent in market transactions and therefore confers an advantage in the meaning of Article 107(1) TFEU. Introduction On 23 March 2022, the European Commission announced plans to mitigate the spike in energy prices caused by the war in Ukraine. Chief among those plans were proposals for […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

22. März 2022 | State Aid Uncovered von Phedon Nicolaides

I. Vouchers for SMEs II. Funding of Aid with Revenue from Levies Imposed on the Aid Beneficiaries

State Aid Blogs - State Aid Uncovered SM posts 4

State aid rules apply both to direct and indirect beneficiaries of aid. Introduction This week’s article reviews a Commission decision and a judgment of the Court of Justice. The Commission decision concerns Italian vouchers for SMEs to pay for the use of fast broadband services. The judgment deals with a German measure supporting milk quality tests. In both cases an […]

Keine Kommentare

1. März 2022 | State Aid Uncovered von Phedon Nicolaides

Security of Energy Supply

State Aid Blogs - State Aid Uncovered SM posts

Guaranteed supply of electricity at fixed prices to a state-owned network operator involves a transfer of state resources to the supplier. Guaranteed supply of electricity at fixed prices confers an advantage to the supplier. Introduction Member States are allowed to take measures to ensure the security of energy supplies. There is a variety of such measures: imposition of obligations on […]

Keine Kommentare

9. November 2021 | State Aid Uncovered von Phedon Nicolaides

Compensatory Payments and State Resources

State Aid Blogs - blog 45 KV

Funds used in compensation mechanisms mandated by the state become state resources Introduction The Court of Justice has stressed repeatedly that any resource over which the state can exercise control becomes a state resource, regardless of whether it is managed by a public authority or a private entity. Member States, however, keep inventing novel and complicated arrangements in which mandated […]

Keine Kommentare

26. Oktober 2021 | State Aid Uncovered von Phedon Nicolaides

Legitimate Expectations and the “Right” to State Aid

State Aid Blogs - Blog 43 key visual

Legitimate expectations can only be created by EU institutions giving unambiguous and unconditional assurances. No undertaking enjoys a right to State aid. Member States may reduce the amount of State aid they grant. Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the […]

Keine Kommentare

10. August 2021 | State Aid Uncovered von Phedon Nicolaides

When Do Legal Exemptions Constitute State Aid?

State Aid Blogs - 32 ibrahim boran r0zrjWheW2g unsplash 1

Exemption from a fine does not constitute State aid when it is based on transparent and pre-determined criteria. Infringement of EU law determines the compatibility of State aid, not the existence of State aid. Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not […]

Keine Kommentare

23. März 2021 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights and State Aid

State Aid Blogs - StateAidHub blogpost12 Poste Italiane

Exclusive rights may constitute State aid if they mandate payments with resources over which the state can exercise control. Compensation for the cost of public service obligations may be granted only if the obligations are clear and define a service that is different from market services. Introduction Article 106(1) TFEU requires Member States not to distort competition when they grant […]

Keine Kommentare

9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

State Aid Blogs - StateAidHub blogpost7 Bank Italy

A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

- State Resources ×

19. April 2022 | State Aid Uncovered von Phedon Nicolaides

Injection of Capital in a Postal Operator

State Aid Blogs - State Aid Uncovered SM posts 2

The resources of a public undertaking necessarily count as “state resources”, regardless of the degree of autonomy of the public undertaking. However, not every decision of a public undertaking can necessarily be “imputed” to the state. A prudent investor may take into account authorised State aid. A prudent investor may tolerate short-term losses if it can realise sufficient profits in […]

Keine Kommentare

12. April 2022 | State Aid Uncovered von Phedon Nicolaides

A First Commission Decision on Natural Gas Storage

State Aid Blogs - State Aid Uncovered SM posts 1

Compensation that guarantees a normal or fair rate of return eliminates risk that is inherent in market transactions and therefore confers an advantage in the meaning of Article 107(1) TFEU. Introduction On 23 March 2022, the European Commission announced plans to mitigate the spike in energy prices caused by the war in Ukraine. Chief among those plans were proposals for […]

Keine Kommentare

5. April 2022 | State Aid Uncovered von Phedon Nicolaides

Intra-State Transfers and the Discretion of Public Authorities

State Aid Blogs - State Aid Uncovered SM posts

Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their disbursement. Introduction A public authority that carries out economic activities becomes an undertaking that is subject to the prohibition of Article 107(1) TFEU. When the […]

Keine Kommentare

22. März 2022 | State Aid Uncovered von Phedon Nicolaides

I. Vouchers for SMEs II. Funding of Aid with Revenue from Levies Imposed on the Aid Beneficiaries

State Aid Blogs - State Aid Uncovered SM posts 4

State aid rules apply both to direct and indirect beneficiaries of aid. Introduction This week’s article reviews a Commission decision and a judgment of the Court of Justice. The Commission decision concerns Italian vouchers for SMEs to pay for the use of fast broadband services. The judgment deals with a German measure supporting milk quality tests. In both cases an […]

Keine Kommentare

1. März 2022 | State Aid Uncovered von Phedon Nicolaides

Security of Energy Supply

State Aid Blogs - State Aid Uncovered SM posts

Guaranteed supply of electricity at fixed prices to a state-owned network operator involves a transfer of state resources to the supplier. Guaranteed supply of electricity at fixed prices confers an advantage to the supplier. Introduction Member States are allowed to take measures to ensure the security of energy supplies. There is a variety of such measures: imposition of obligations on […]

Keine Kommentare

9. November 2021 | State Aid Uncovered von Phedon Nicolaides

Compensatory Payments and State Resources

State Aid Blogs - blog 45 KV

Funds used in compensation mechanisms mandated by the state become state resources Introduction The Court of Justice has stressed repeatedly that any resource over which the state can exercise control becomes a state resource, regardless of whether it is managed by a public authority or a private entity. Member States, however, keep inventing novel and complicated arrangements in which mandated […]

Keine Kommentare

26. Oktober 2021 | State Aid Uncovered von Phedon Nicolaides

Legitimate Expectations and the “Right” to State Aid

State Aid Blogs - Blog 43 key visual

Legitimate expectations can only be created by EU institutions giving unambiguous and unconditional assurances. No undertaking enjoys a right to State aid. Member States may reduce the amount of State aid they grant. Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the […]

Keine Kommentare

10. August 2021 | State Aid Uncovered von Phedon Nicolaides

When Do Legal Exemptions Constitute State Aid?

State Aid Blogs - 32 ibrahim boran r0zrjWheW2g unsplash 1

Exemption from a fine does not constitute State aid when it is based on transparent and pre-determined criteria. Infringement of EU law determines the compatibility of State aid, not the existence of State aid. Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not […]

Keine Kommentare

23. März 2021 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights and State Aid

State Aid Blogs - StateAidHub blogpost12 Poste Italiane

Exclusive rights may constitute State aid if they mandate payments with resources over which the state can exercise control. Compensation for the cost of public service obligations may be granted only if the obligations are clear and define a service that is different from market services. Introduction Article 106(1) TFEU requires Member States not to distort competition when they grant […]

Keine Kommentare

9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

State Aid Blogs - StateAidHub blogpost7 Bank Italy

A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

Keine Kommentare

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