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

20. April 2020 | State Aid Uncovered von Phedon Nicolaides

How to Price a Guarantee

Football ball on a field

The pricing of a guarantee must take into account not only the financial situation of the borrower but also the value of any collateral. Temporary Framework As of 17 April 2020, the European Commission authorised 61 State aid measures from 23 Member States and the UK to combat covid-19. Introduction State guarantees on loans make up the largest category […]

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17. April 2020 | Guest State Aid Blog von Michail Kamperis

COVID-19 Measures Adopted and State Aid Measures (Hopefully) to Be Adopted: An Update from Cyprus

Corona Virus

We are happy to share with you an update on the Covid-19 measures that are or will be adopted in Cyprus. Our guest auhor Michail Kamperis is a lawyer and partner at the law firm of Ierotheou, Kamperis & Co. LLC Nicosia, Cyprus. * Sign up for our free news alert Sign Up For Free Cyprus is one of […]

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14. April 2020 | State Aid Uncovered von Phedon Nicolaides

Errors in State aid Procedures Need not Result in Annulment of a Commission Decision

State Aid Blogs - StateAidHub blogpost15 airport 2

Interested parties have a right to know how the compatibility of aid with the internal market is assessed. Temporary Framework developments As of 13 April 2020, the European Commission had authorised 51 measures adopted by 23 Member States. According to the statement of the Eurozone finance ministers of 9 April 2020, Member States had provided liquidity in the form of […]

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9. April 2020 | Guest State Aid Blog von Lexxion Publisher

Follow Up Webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 20 April

Woman sitting by the computer

The European Commission is working on quickly adapting the existing State aid legal framework to address the current Covid-19 pandemic. Join us on 20th April from the comfort and safety of your (home) office to get an insider update on the Covid-19 response by State aid experts from the European Commission and national governments. ✓ Join from wherever you are – […]

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9. April 2020 | Guest State Aid Blog von Lexxion Publisher

Open Access Content Related to Covid-19: At a Glance

Typewriter, Covid-19 Articles

During these tough times, Lexxion Publisher wants to help to spread current news and updates on new regulations or support measures for combating the impact of the corona pandemic. Various contributions will be available as open access during the upcoming weeks. This post lists all contributions and will be updated on a rolling basis. Contributions related to State Aid & […]

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7. April 2020 | State Aid Uncovered von Phedon Nicolaides

EU Decisions Override National Decisions on Compensation for Public Service Obligations

State Aid Blogs - StateAidHub blogpost14 Public Service Obligations 1

The principle of res judicata cannot be used to avoid recovery of incompatible State aid. An update on State aid measures to counter the impact of COVID-19 As of 3 April 2020, the Commission has approved 29 measures submitted by 16 Member States. Article 107(3)(b) is the legal basis for 26 of those measures, while Article 107(2)(b) is the […]

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3. April 2020 | Guest State Aid Blog von P. Kamil Rosiak

Covid-19 Support Package for Entrepreneurs: An Update from Poland

Corona Virus

We are happy to share with you an update on the Covid-19 support package that Poland is creating to support entrepeneurs fighting the impact of the corona pandemic. Our guest auhor P. Kamil Rosiak is Attorney-at-Law & Partner Associate at KPMG D.Dobkowski LP in Warsaw.* On 28 March 2020 the lower house of Polish parliament (Sejm) passed a bill (so […]

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1. April 2020 | Guest State Aid Blog von Lexxion Publisher

Live Webinar: Covid-19 & State Aid Law in the UK Now

older woman sitting at the table, writting

Lexxion has created another new live webinar to keep you updated on current developments of Covid-19 and State aid law in the UK after Brexit. Leading State aid experts Jonathan Branton, George Peretz QC and Alexander Rose will work through the current EU State aid rules and answer your questions. ✓ Join from wherever you are – high-quality content at […]

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31. März 2020 | State Aid Uncovered von Phedon Nicolaides

How to Make Good the Damage Caused by a Natural Disaster

State Aid Blogs - sergio torres nUw2nIGeGYY unsplash

Compensation for costs incurred as a result of a natural disaster is State aid. The compensation must be for damage directly caused by the natural disaster. Introduction State aid to make good the damage caused by an “exceptional occurrence” such as the corona virus covid-19 is compatible with the internal market. The legal basis for exemption is Article 107(2)(b). Of […]

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25. März 2020 | Guest State Aid Blog von Lexxion Publisher

Join our live webinar with Phedon Nicolaides on ‚COVID-19 and State Aid Law‘ on 2 April

hands typing on the laptop

Due to global developments and responding to various requests, Lexxion has created a live webinar to keep you updated on the latest news regarding the corona virus and State aid law. You can join from wherever you are and receive high-quality content at your (home) office. In response to the Covid-19 pandemic, EU Member States are urgently rolling out […]

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20. August 2019 | State Aid Uncovered von Phedon Nicolaides

Repayable Advances for Support of Research Projects

State Aid Blogs - StateAidHub blogpost34 RDI GBER

The amount of State aid in a repayable advance to support research projects is the difference between the return a private investor would demand and the actual return for the funding authority. Introduction According to the staff working paper accompanying the 2018 annual competition report that was published on 15 July 2019, 95% of all State aid measures supporting R&D […]

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13. August 2019 | State Aid Uncovered von Phedon Nicolaides

Aid to Providers of Local Services through Exclusive Contracts Can still Affect Cross-border Trade

State Aid Blogs - StateAidHub blogpost33 trade

An exclusive contract can affect cross-border trade if the awarding authority has the option to use a competitive selection procedure. Aid to the operator of a legal monopoly may affect trade if the operator can cross-subsidise activities outside the area of the monopoly. Introduction A perennial question is whether aid to providers of local services can affect cross-border trade. Given […]

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6. August 2019 | State Aid Uncovered von Phedon Nicolaides

Transport: Airlines and Bus Operators

State Aid Blogs - StateAidHub blogpost31 Stateaid transport

For investment aid to the operator of an airport to be considered as indirect aid to airlines, there must be an inseparable link between the aid and beneficiary airlines. For a competitor to claim that it is harmed by State aid, it must prove that its position in the relevant market is substantially affected. Ensuring that the costs of public […]

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30. Juli 2019 | State Aid Uncovered von Phedon Nicolaides

The Problem with Turnover Taxes

State Aid Blogs -

Economies of scale do not necessarily correlate with ability to pay. Introduction On Thursday, 11 July 2019, France became the first European country to adopt a tax on digital sales. At about the same time, President Donald Trump warned that the US would retaliate with punitive tariffs. The US believes that the tax is aimed at its internet giants such […]

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23. Juli 2019 | State Aid Uncovered von Phedon Nicolaides

The Rights of Unsuccessful Bidders in the Auctioning of State Assets

State Aid Blogs - StateAidHub blogpost29 stateassets nuerburgring

Competitors of aid recipients may challenge a Commission decision only if State aid causes substantial harm to them. Assets must be sold to the highest bidder who makes a credible offer. Introduction If a public authority sells a state asset at a price below its market rate it grants State aid to the buyer. The market price is the highest […]

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16. Juli 2019 | State Aid Uncovered von Phedon Nicolaides

Investor Protection and Existing Aid

State Aid Blogs - StateAidHub blogpost28 Investment Romania StateAid Commission EU Lexxion

Aid granted before accession to the EU may not be assessed by the Commission. Introduction It is fairly safe to say that in the sixty years of case law on State aid, the Court of Justice has ruled that there are just four instances in which payment of public money to an undertaking does not constitute State aid on the […]

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9. Juli 2019 | State Aid Uncovered von Phedon Nicolaides

1) The European Commission Does not Have to Identify Individual Beneficiaries in its Recovery Decisions 2) Revision of the GBER [InvestEU, Seal of Excellence, ETC]

State Aid Blogs - StateAidHub blogpost27 GBER

This week’s article deals with two issues: possible defence against repayment of incompatible State aid and the forthcoming revision of the GBER. Introduction In 2008, the Commission ordered France to recover incompatible aid that had been granted by means of several public measures to support farmers [see Commission decision 2009/402]. What made that decision interesting was that part of the […]

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2. Juli 2019 | State Aid Uncovered von Phedon Nicolaides

Application of the MEOP to Energy Infrastructure

State Aid Blogs - StateAidHub blogpost26 energy infrastructure

A public authority that acts as a private operator may charge what the market can bear. Introduction In January 2019, Germany notified to the Commission, for reasons of legal certainty, investment of the municipality of Hamburg in a district heating network. The Commission, in decision SA.52390, found that the investment in Hamburg District Heating Network conformed with the Market Economy […]

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25. Juni 2019 | State Aid Uncovered von Phedon Nicolaides

How to Value Land in Complex Land Swaps

State Aid Blogs - StateAidHub blogpost25 LandSwap RealdMadrid

A private investor assesses all components of a complex transaction and takes into account not just profit, but also the legal implications of the prospective transaction and possible future liability. Introduction When a public authority sells land, it should either auction it through a competitive and unconditional process or have it valued beforehand by an independent expert.Sometimes, public […]

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18. Juni 2019 | State Aid Uncovered von Phedon Nicolaides

Is it OK to Tax Company Size?*

State Aid Blogs -

Progressive tax rates that are consistent with the objective of the tax system are not necessarily selective. Introduction Member States are free to design their corporate tax systems as long as they do not grant State aid or infringe fundamental internal market freedoms. A question that arises in discussions on what Member States may or may not do when designing […]

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