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.

Jetzt abonnieren!

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

State Aid Uncovered ×

30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

When Does an Amendment of an Existing Aid Make it a New Aid?
State Aid Blogs - Blog KV 49
Existing aid becomes new aid if any amendment affects the assessment of its compatibility with the internal market. Introduction Member States often amend and adjust State aid measures after they are approved by the Commission. Such changes must be carried carefully because they can turn an existing aid into new aid and all new aid has to be notified to […]
Mehr lesen
Keine Kommentare
30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of an Undertaking in a Closed Sector
State Aid Blogs - Blog Visual 48
Public funding of undertakings in sectors closed to competition does not constitute State aid. A sector is closed to competition when competition on and for the market is precluded by law. Introduction Determining when State aid does not affected cross-border trade is both difficult and tricky. But there is one exception; when the sector is closed to competition. A sector […]
Mehr lesen
Keine Kommentare
23. November 2021  |   State Aid Uncovered von Phedon Nicolaides

6th Revision of the Temporary Framework for Covid-19 State Aid
State Aid Blogs - Blog 47 KV
Introduction On Thursday, 18 November 2021, the European Commission adopted a sixth amendment to the Temporary Framework [TF] for State aid measures to combat covid-19. The document laying down the new amendments can be accessed here: https://ec.europa.eu/competition-policy/document/download/a822acec-f0c6-4c8c-ab49-fc2dd34188ec_en The TF was scheduled to expire on 31 December 2021. The new amendment extends its validity to 30 June 2022. It also changes […]
Mehr lesen
Keine Kommentare
16. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Selectivity and Tax Measures
The reference system for determining the selectivity of a tax measure must have its own logic and be autonomous and its identification depends on the content, structure and specific effects of the applicable rules. A measure that does not exclude any particular undertaking can be selective if it treats differently undertakings which are in similar situations. Introduction On 6 October […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
2. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Operator
State Aid Blogs - Blog 44
Comparing prices charged by different airports is not a suitable method for detecting the existence of selective advantages. Introduction Airports enter into complex agreements with airlines. When airports are in public ownership or operate under a mandate by the state, their agreements with airlines may contain State aid. It is, however, very difficult to detect State aid in these agreements […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
19. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Is Anyone who is Affected by State Aid an “Interested Party” that can Challenge a Commission Decision?
State Aid Blogs - blog 42 16 9
A non-competitor cannot normally claim to be “interested party”. The Commission does not have to prove to the normal legal standard the existence of state aid when it opens the formal investigation procedure. Introduction This week’s article reviews two recent judgments: one on the status of “interest party” and another on the obligations of the Commission when it opens the […]
Mehr lesen
Keine Kommentare
12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
5. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

What the Commission Must Find Out in the Preliminary Examination of State Aid: The Lessons from Tempus Energy on what is Sufficient Information
State Aid Blogs - to use
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

When Does an Amendment of an Existing Aid Make it a New Aid?
State Aid Blogs - Blog KV 49
Existing aid becomes new aid if any amendment affects the assessment of its compatibility with the internal market. Introduction Member States often amend and adjust State aid measures after they are approved by the Commission. Such changes must be carried carefully because they can turn an existing aid into new aid and all new aid has to be notified to […]
Mehr lesen
Keine Kommentare
30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of an Undertaking in a Closed Sector
State Aid Blogs - Blog Visual 48
Public funding of undertakings in sectors closed to competition does not constitute State aid. A sector is closed to competition when competition on and for the market is precluded by law. Introduction Determining when State aid does not affected cross-border trade is both difficult and tricky. But there is one exception; when the sector is closed to competition. A sector […]
Mehr lesen
Keine Kommentare
23. November 2021  |   State Aid Uncovered von Phedon Nicolaides

6th Revision of the Temporary Framework for Covid-19 State Aid
State Aid Blogs - Blog 47 KV
Introduction On Thursday, 18 November 2021, the European Commission adopted a sixth amendment to the Temporary Framework [TF] for State aid measures to combat covid-19. The document laying down the new amendments can be accessed here: https://ec.europa.eu/competition-policy/document/download/a822acec-f0c6-4c8c-ab49-fc2dd34188ec_en The TF was scheduled to expire on 31 December 2021. The new amendment extends its validity to 30 June 2022. It also changes […]
Mehr lesen
Keine Kommentare
16. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Selectivity and Tax Measures
The reference system for determining the selectivity of a tax measure must have its own logic and be autonomous and its identification depends on the content, structure and specific effects of the applicable rules. A measure that does not exclude any particular undertaking can be selective if it treats differently undertakings which are in similar situations. Introduction On 6 October […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
2. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Operator
State Aid Blogs - Blog 44
Comparing prices charged by different airports is not a suitable method for detecting the existence of selective advantages. Introduction Airports enter into complex agreements with airlines. When airports are in public ownership or operate under a mandate by the state, their agreements with airlines may contain State aid. It is, however, very difficult to detect State aid in these agreements […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
19. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Is Anyone who is Affected by State Aid an “Interested Party” that can Challenge a Commission Decision?
State Aid Blogs - blog 42 16 9
A non-competitor cannot normally claim to be “interested party”. The Commission does not have to prove to the normal legal standard the existence of state aid when it opens the formal investigation procedure. Introduction This week’s article reviews two recent judgments: one on the status of “interest party” and another on the obligations of the Commission when it opens the […]
Mehr lesen
Keine Kommentare
12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
5. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

What the Commission Must Find Out in the Preliminary Examination of State Aid: The Lessons from Tempus Energy on what is Sufficient Information
State Aid Blogs - to use
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

When Does an Amendment of an Existing Aid Make it a New Aid?
State Aid Blogs - Blog KV 49
Existing aid becomes new aid if any amendment affects the assessment of its compatibility with the internal market. Introduction Member States often amend and adjust State aid measures after they are approved by the Commission. Such changes must be carried carefully because they can turn an existing aid into new aid and all new aid has to be notified to […]
Mehr lesen
Keine Kommentare
30. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Public Funding of an Undertaking in a Closed Sector
State Aid Blogs - Blog Visual 48
Public funding of undertakings in sectors closed to competition does not constitute State aid. A sector is closed to competition when competition on and for the market is precluded by law. Introduction Determining when State aid does not affected cross-border trade is both difficult and tricky. But there is one exception; when the sector is closed to competition. A sector […]
Mehr lesen
Keine Kommentare
23. November 2021  |   State Aid Uncovered von Phedon Nicolaides

6th Revision of the Temporary Framework for Covid-19 State Aid
State Aid Blogs - Blog 47 KV
Introduction On Thursday, 18 November 2021, the European Commission adopted a sixth amendment to the Temporary Framework [TF] for State aid measures to combat covid-19. The document laying down the new amendments can be accessed here: https://ec.europa.eu/competition-policy/document/download/a822acec-f0c6-4c8c-ab49-fc2dd34188ec_en The TF was scheduled to expire on 31 December 2021. The new amendment extends its validity to 30 June 2022. It also changes […]
Mehr lesen
Keine Kommentare
16. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Selectivity and Tax Measures
The reference system for determining the selectivity of a tax measure must have its own logic and be autonomous and its identification depends on the content, structure and specific effects of the applicable rules. A measure that does not exclude any particular undertaking can be selective if it treats differently undertakings which are in similar situations. Introduction On 6 October […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
2. November 2021  |   State Aid Uncovered von Phedon Nicolaides

Market Economy Operator
State Aid Blogs - Blog 44
Comparing prices charged by different airports is not a suitable method for detecting the existence of selective advantages. Introduction Airports enter into complex agreements with airlines. When airports are in public ownership or operate under a mandate by the state, their agreements with airlines may contain State aid. It is, however, very difficult to detect State aid in these agreements […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
19. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Is Anyone who is Affected by State Aid an “Interested Party” that can Challenge a Commission Decision?
State Aid Blogs - blog 42 16 9
A non-competitor cannot normally claim to be “interested party”. The Commission does not have to prove to the normal legal standard the existence of state aid when it opens the formal investigation procedure. Introduction This week’s article reviews two recent judgments: one on the status of “interest party” and another on the obligations of the Commission when it opens the […]
Mehr lesen
Keine Kommentare
12. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

Security of Supply May Justify a Deviation from Public Procurement Rules
State Aid Blogs - steta aid blog photo
Security of supply justifies a deviation from the normal procurement procedures as long as the same security cannot be achieved through a competitive selection of suppliers. Introduction Point 19 of the 2012 SGEI Framework requires that the assignment of a public mission to an undertaking must comply with the applicable public procurement rules. It does not impose an obligation for […]
Mehr lesen
Keine Kommentare
5. Oktober 2021  |   State Aid Uncovered von Phedon Nicolaides

What the Commission Must Find Out in the Preliminary Examination of State Aid: The Lessons from Tempus Energy on what is Sufficient Information
State Aid Blogs - to use
The Commission must open the formal investigation procedure when it has serious doubts based on the information available to it. Introduction Once I asked an administrator of an institute where I used to work why I was not informed about certain benefits that were available to staff. “Because you did not ask”, he answered. How could I ask about something […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

Sie möchten einen Beitrag einreichen oder zur Weiterentwicklung des Blogs State Aid Uncovered beitragen? Weitere Details finden Sie auf der englischsprachigen Seite.

Gastbeitrag einreichen

Abonnieren Sie unseren Newsletter für aktuelle Informationen zu Entwicklungen, Konferenzen, Seminaren und Veröffentlichungen in Ihrem Interessenbereich.

Newsletter: Jetzt abonnieren