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 ×

19. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals
State Aid Blogs - StateAidHub blogpost3 Hospitals
Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]
Mehr lesen
Keine Kommentare
12. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

A First Evaluation of Covid-19 State Aid
State Aid Blogs - StateAidHub blogpost2 Covid
There is a significant variation across Member States in terms of the number of aid measures as well as the amount of aid. Introduction On 17 December 2020, the European Parliament published a report evaluating the impact of State aid to combat covid-19.[1] The report was requested by the committee responsible for economic policy. The report is probably the first […]
Mehr lesen
Keine Kommentare
5. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

One Agreement, Two Parallel Systems: Subsidies in the Trade and Cooperation Agreement between the EU and the UK
State Aid Blogs - StateAidHub blogpost1 Brexit
The agreement on subsidies allows the UK to deviate from EU State aid rules. Introduction After the exit of the United Kingdom [UK] from the European Union [EU] on 31 January 2020, EU State aid rules continued to apply to the UK during a transitional period that came to an end on 31 December 2020. In the closing days of […]
Mehr lesen
Keine Kommentare
28. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Time Horizon of a Private Investor
State Aid Blogs - StateAidHub blogpost51
A public authority that claims that it invests for the long term, must still prove that its investment is likely to be profitable. Introduction Public authorities may invest in private companies. However, they need to behave as private investors otherwise they confer an advantage that constitutes State aid. In their defence, public authorities claiming that they act as private investors, […]
Mehr lesen
Keine Kommentare
21. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

Attribution to the State does not necessarily Imply Control by the State
State Aid Blogs - towel 1838210 1920 1
Prices fixed by the state do not necessarily confer control to the state over the private resources which are used to pay those prices. Introduction Judging from how many times EU courts have been asked to interpret the concept of state resources, it seems that one of the most difficult aspects of Article 107(1) TFEU is to determine whether funding […]
Mehr lesen
Keine Kommentare
15. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Law, Economics and Art of Compensation for Public Service Obligations
State Aid Blogs - post sign 1893086 1920 1
State aid in the form of compensation for public service obligations must exclude any intangible benefits from the obligation, but may include reasonable profit. The Commission guidelines for State aid in agriculture and forestry, the block exemption regulations covering agriculture, forestry, fishery and aquaculture, and the Regulation on de minimis aid for fishery and aquaculture have been prolonged to 31 […]
Mehr lesen
Keine Kommentare
8. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part II)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. [In case you have missed part I, you can access it here.] Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the […]
Mehr lesen
Keine Kommentare
1. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part I)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the granting of compensation to an undertaking for the provision of SGEI must […]
Mehr lesen
Keine Kommentare
24. November 2020  |   State Aid Uncovered von Phedon Nicolaides

De Minimis Aid
processed wood
If different awards of de minimis aid bring the total amount over the ceiling of EUR 200,000, Member States may withdraw aid already granted or reduce the amount of aid that is scheduled to be granted or simply refuse to grant aid so as to ensure that the total remains below the ceiling for any three-fiscal year period. Introduction A […]
Mehr lesen
Keine Kommentare
10. November 2020  |   State Aid Uncovered von Phedon Nicolaides

What is the Value of Informal Commission Communications?
State Aid Blogs - freighter 315201 1280
An official’s statement can be imputed to his authority if it can be reasonably assumed that the official speaks on behalf of the authority. Introduction It is often asked by national officials how much credence they should give to assurances by Commission officials in the absence of a formal Commission decision and what is the legal value of such assurances. […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

19. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals
State Aid Blogs - StateAidHub blogpost3 Hospitals
Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]
Mehr lesen
Keine Kommentare
12. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

A First Evaluation of Covid-19 State Aid
State Aid Blogs - StateAidHub blogpost2 Covid
There is a significant variation across Member States in terms of the number of aid measures as well as the amount of aid. Introduction On 17 December 2020, the European Parliament published a report evaluating the impact of State aid to combat covid-19.[1] The report was requested by the committee responsible for economic policy. The report is probably the first […]
Mehr lesen
Keine Kommentare
5. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

One Agreement, Two Parallel Systems: Subsidies in the Trade and Cooperation Agreement between the EU and the UK
State Aid Blogs - StateAidHub blogpost1 Brexit
The agreement on subsidies allows the UK to deviate from EU State aid rules. Introduction After the exit of the United Kingdom [UK] from the European Union [EU] on 31 January 2020, EU State aid rules continued to apply to the UK during a transitional period that came to an end on 31 December 2020. In the closing days of […]
Mehr lesen
Keine Kommentare
28. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Time Horizon of a Private Investor
State Aid Blogs - StateAidHub blogpost51
A public authority that claims that it invests for the long term, must still prove that its investment is likely to be profitable. Introduction Public authorities may invest in private companies. However, they need to behave as private investors otherwise they confer an advantage that constitutes State aid. In their defence, public authorities claiming that they act as private investors, […]
Mehr lesen
Keine Kommentare
21. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

Attribution to the State does not necessarily Imply Control by the State
State Aid Blogs - towel 1838210 1920 1
Prices fixed by the state do not necessarily confer control to the state over the private resources which are used to pay those prices. Introduction Judging from how many times EU courts have been asked to interpret the concept of state resources, it seems that one of the most difficult aspects of Article 107(1) TFEU is to determine whether funding […]
Mehr lesen
Keine Kommentare
15. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Law, Economics and Art of Compensation for Public Service Obligations
State Aid Blogs - post sign 1893086 1920 1
State aid in the form of compensation for public service obligations must exclude any intangible benefits from the obligation, but may include reasonable profit. The Commission guidelines for State aid in agriculture and forestry, the block exemption regulations covering agriculture, forestry, fishery and aquaculture, and the Regulation on de minimis aid for fishery and aquaculture have been prolonged to 31 […]
Mehr lesen
Keine Kommentare
8. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part II)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. [In case you have missed part I, you can access it here.] Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the […]
Mehr lesen
Keine Kommentare
1. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part I)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the granting of compensation to an undertaking for the provision of SGEI must […]
Mehr lesen
Keine Kommentare
24. November 2020  |   State Aid Uncovered von Phedon Nicolaides

De Minimis Aid
processed wood
If different awards of de minimis aid bring the total amount over the ceiling of EUR 200,000, Member States may withdraw aid already granted or reduce the amount of aid that is scheduled to be granted or simply refuse to grant aid so as to ensure that the total remains below the ceiling for any three-fiscal year period. Introduction A […]
Mehr lesen
Keine Kommentare
10. November 2020  |   State Aid Uncovered von Phedon Nicolaides

What is the Value of Informal Commission Communications?
State Aid Blogs - freighter 315201 1280
An official’s statement can be imputed to his authority if it can be reasonably assumed that the official speaks on behalf of the authority. Introduction It is often asked by national officials how much credence they should give to assurances by Commission officials in the absence of a formal Commission decision and what is the legal value of such assurances. […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

19. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

Funding of Public Hospitals
State Aid Blogs - StateAidHub blogpost3 Hospitals
Public healthcare provided in accordance with the principle of social solidarity is not economic in nature. Introduction There are two sectors where economic and non-economic activities mix and cause potential State aid problems: healthcare and education. Healthcare and education provided by public institutions do not differ much from healthcare and education provided by private institutions. The critical difference is not […]
Mehr lesen
Keine Kommentare
12. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

A First Evaluation of Covid-19 State Aid
State Aid Blogs - StateAidHub blogpost2 Covid
There is a significant variation across Member States in terms of the number of aid measures as well as the amount of aid. Introduction On 17 December 2020, the European Parliament published a report evaluating the impact of State aid to combat covid-19.[1] The report was requested by the committee responsible for economic policy. The report is probably the first […]
Mehr lesen
Keine Kommentare
5. Januar 2021  |   State Aid Uncovered von Phedon Nicolaides

One Agreement, Two Parallel Systems: Subsidies in the Trade and Cooperation Agreement between the EU and the UK
State Aid Blogs - StateAidHub blogpost1 Brexit
The agreement on subsidies allows the UK to deviate from EU State aid rules. Introduction After the exit of the United Kingdom [UK] from the European Union [EU] on 31 January 2020, EU State aid rules continued to apply to the UK during a transitional period that came to an end on 31 December 2020. In the closing days of […]
Mehr lesen
Keine Kommentare
28. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Time Horizon of a Private Investor
State Aid Blogs - StateAidHub blogpost51
A public authority that claims that it invests for the long term, must still prove that its investment is likely to be profitable. Introduction Public authorities may invest in private companies. However, they need to behave as private investors otherwise they confer an advantage that constitutes State aid. In their defence, public authorities claiming that they act as private investors, […]
Mehr lesen
Keine Kommentare
21. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

Attribution to the State does not necessarily Imply Control by the State
State Aid Blogs - towel 1838210 1920 1
Prices fixed by the state do not necessarily confer control to the state over the private resources which are used to pay those prices. Introduction Judging from how many times EU courts have been asked to interpret the concept of state resources, it seems that one of the most difficult aspects of Article 107(1) TFEU is to determine whether funding […]
Mehr lesen
Keine Kommentare
15. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

The Law, Economics and Art of Compensation for Public Service Obligations
State Aid Blogs - post sign 1893086 1920 1
State aid in the form of compensation for public service obligations must exclude any intangible benefits from the obligation, but may include reasonable profit. The Commission guidelines for State aid in agriculture and forestry, the block exemption regulations covering agriculture, forestry, fishery and aquaculture, and the Regulation on de minimis aid for fishery and aquaculture have been prolonged to 31 […]
Mehr lesen
Keine Kommentare
8. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part II)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. [In case you have missed part I, you can access it here.] Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the […]
Mehr lesen
Keine Kommentare
1. Dezember 2020  |   State Aid Uncovered von Phedon Nicolaides

A Rare Case of Altmark-compliant SGEI (Part I)
State Aid Blogs - container 1638068 1920
For a service to be in the general economic interest, it must be shown to fill a gap in the market or to offer what the market fails to provide adequately. Introduction Services of general economic interest [SGEI] are important for the functioning of European societies. However, the granting of compensation to an undertaking for the provision of SGEI must […]
Mehr lesen
Keine Kommentare
24. November 2020  |   State Aid Uncovered von Phedon Nicolaides

De Minimis Aid
processed wood
If different awards of de minimis aid bring the total amount over the ceiling of EUR 200,000, Member States may withdraw aid already granted or reduce the amount of aid that is scheduled to be granted or simply refuse to grant aid so as to ensure that the total remains below the ceiling for any three-fiscal year period. Introduction A […]
Mehr lesen
Keine Kommentare
10. November 2020  |   State Aid Uncovered von Phedon Nicolaides

What is the Value of Informal Commission Communications?
State Aid Blogs - freighter 315201 1280
An official’s statement can be imputed to his authority if it can be reasonably assumed that the official speaks on behalf of the authority. Introduction It is often asked by national officials how much credence they should give to assurances by Commission officials in the absence of a formal Commission decision and what is the legal value of such assurances. […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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