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 ×

4. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

The Recovery of Incompatible Aid Cannot be Absolutely Impossible Unless it is first Attempted
State Aid Blogs - SAH blog48 Montessori Lexxion
Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria Montessori v European Commission, the Court of Justice made it harder for Member States to escape from their recovery obligations.[1] Montessori appealed against the judgment of the General Court in case T‑220/13, Scuola Elementare Maria Montessori v European Commission. That judgment was reviewed here on […]
Mehr lesen
Keine Kommentare
27. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Legal Standing of Investors in Failed Banks
State Aid Blogs - m 3
Investors that lodge claims before national courts for damages from resolution of banks have legal standing to request annulment of Commission decisions authorising State aid to those banks. Introduction It is now ten years since the start of the financial crisis. In these ten years, the Commission has adopted about 500 decisions dealing with State aid to banks and other […]
Mehr lesen
Keine Kommentare
20. November 2018  |   State Aid Uncovered von Phedon Nicolaides

State Aid Provisions in the Draft Agreement on the Withdrawal of the UK from the EU
State Aid Blogs - StateAid Blogpost Brexit EU Lexxion
The agreement on the withdrawal of the UK from the EU requires compliance with EU State aid rules.   Introduction   On 14 November 2018, EU and UK negotiators finalised the text of the Agreement on the withdrawal of the UK from the EU.[1] The Agreement has to be ratified by the UK and the other 27 Member States. Given immediate […]
Mehr lesen
Keine Kommentare
9. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation
State Aid Blogs - stellrweb djb1whucfBY unsplash
Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service.   Introduction   The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]
Mehr lesen
Keine Kommentare
6. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market
State Aid Blogs -
Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade.   Introduction […]
Mehr lesen
Keine Kommentare
30. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Tax Inseparably Linked to State Aid
State Aid Blogs - Stateaid Blog43 Tax movie rent
Taxes which are inseparably linked with an aid measure are assessed together with the aid itself.  An increase of the budget of an aid scheme by more than 20% constitutes a change of existing aid that must be notified to the Commission for prior authorisation.   Introduction Taxpayers may not refuse to pay taxes on the grounds that the tax […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
16. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Unlimited State Guarantees
State Aid Blogs - m 2 1
Unlimited state guarantees create a presumption that the recipient of the guarantee obtains an advantage in the form of cheaper credit. Any advantage in the form of lower risk in transactions with suppliers or clients has to be proven.   Introduction State guarantees must be limited in time and amount and may cover only a specified event. Unlimited and general […]
Mehr lesen
Keine Kommentare
9. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary
State Aid Blogs - m 1 1
A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor.   Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]
Mehr lesen
Keine Kommentare
2. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part III
The objective of common interest that should be supported by State aid does not have to be an objective agreed by all Member States.   Environmental protection Austria argued that the Commission had ignored the potential negative effects of the aid on the environment such as the storing of nuclear waste. The reply of the Court was that “(516) in […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

4. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

The Recovery of Incompatible Aid Cannot be Absolutely Impossible Unless it is first Attempted
State Aid Blogs - SAH blog48 Montessori Lexxion
Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria Montessori v European Commission, the Court of Justice made it harder for Member States to escape from their recovery obligations.[1] Montessori appealed against the judgment of the General Court in case T‑220/13, Scuola Elementare Maria Montessori v European Commission. That judgment was reviewed here on […]
Mehr lesen
Keine Kommentare
27. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Legal Standing of Investors in Failed Banks
State Aid Blogs - m 3
Investors that lodge claims before national courts for damages from resolution of banks have legal standing to request annulment of Commission decisions authorising State aid to those banks. Introduction It is now ten years since the start of the financial crisis. In these ten years, the Commission has adopted about 500 decisions dealing with State aid to banks and other […]
Mehr lesen
Keine Kommentare
20. November 2018  |   State Aid Uncovered von Phedon Nicolaides

State Aid Provisions in the Draft Agreement on the Withdrawal of the UK from the EU
State Aid Blogs - StateAid Blogpost Brexit EU Lexxion
The agreement on the withdrawal of the UK from the EU requires compliance with EU State aid rules.   Introduction   On 14 November 2018, EU and UK negotiators finalised the text of the Agreement on the withdrawal of the UK from the EU.[1] The Agreement has to be ratified by the UK and the other 27 Member States. Given immediate […]
Mehr lesen
Keine Kommentare
9. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation
State Aid Blogs - stellrweb djb1whucfBY unsplash
Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service.   Introduction   The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]
Mehr lesen
Keine Kommentare
6. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market
State Aid Blogs -
Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade.   Introduction […]
Mehr lesen
Keine Kommentare
30. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Tax Inseparably Linked to State Aid
State Aid Blogs - Stateaid Blog43 Tax movie rent
Taxes which are inseparably linked with an aid measure are assessed together with the aid itself.  An increase of the budget of an aid scheme by more than 20% constitutes a change of existing aid that must be notified to the Commission for prior authorisation.   Introduction Taxpayers may not refuse to pay taxes on the grounds that the tax […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
16. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Unlimited State Guarantees
State Aid Blogs - m 2 1
Unlimited state guarantees create a presumption that the recipient of the guarantee obtains an advantage in the form of cheaper credit. Any advantage in the form of lower risk in transactions with suppliers or clients has to be proven.   Introduction State guarantees must be limited in time and amount and may cover only a specified event. Unlimited and general […]
Mehr lesen
Keine Kommentare
9. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary
State Aid Blogs - m 1 1
A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor.   Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]
Mehr lesen
Keine Kommentare
2. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part III
The objective of common interest that should be supported by State aid does not have to be an objective agreed by all Member States.   Environmental protection Austria argued that the Commission had ignored the potential negative effects of the aid on the environment such as the storing of nuclear waste. The reply of the Court was that “(516) in […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

State Aid Uncovered ×

4. Dezember 2018  |   State Aid Uncovered von Phedon Nicolaides

The Recovery of Incompatible Aid Cannot be Absolutely Impossible Unless it is first Attempted
State Aid Blogs - SAH blog48 Montessori Lexxion
Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria Montessori v European Commission, the Court of Justice made it harder for Member States to escape from their recovery obligations.[1] Montessori appealed against the judgment of the General Court in case T‑220/13, Scuola Elementare Maria Montessori v European Commission. That judgment was reviewed here on […]
Mehr lesen
Keine Kommentare
27. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Legal Standing of Investors in Failed Banks
State Aid Blogs - m 3
Investors that lodge claims before national courts for damages from resolution of banks have legal standing to request annulment of Commission decisions authorising State aid to those banks. Introduction It is now ten years since the start of the financial crisis. In these ten years, the Commission has adopted about 500 decisions dealing with State aid to banks and other […]
Mehr lesen
Keine Kommentare
20. November 2018  |   State Aid Uncovered von Phedon Nicolaides

State Aid Provisions in the Draft Agreement on the Withdrawal of the UK from the EU
State Aid Blogs - StateAid Blogpost Brexit EU Lexxion
The agreement on the withdrawal of the UK from the EU requires compliance with EU State aid rules.   Introduction   On 14 November 2018, EU and UK negotiators finalised the text of the Agreement on the withdrawal of the UK from the EU.[1] The Agreement has to be ratified by the UK and the other 27 Member States. Given immediate […]
Mehr lesen
Keine Kommentare
9. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Using the Correct Methodology to Calculate Public Service Compensation
State Aid Blogs - stellrweb djb1whucfBY unsplash
Compensation for the extra costs of a public service obligation may include a reasonable profit that reflects the risk borne by the provider of the public service.   Introduction   The calculation of the amount of compensation for the extra costs of public service obligations can be difficult and tricky. In the absence of such calculation, aid to providers of […]
Mehr lesen
Keine Kommentare
6. November 2018  |   State Aid Uncovered von Phedon Nicolaides

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market
State Aid Blogs -
Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade.   Introduction […]
Mehr lesen
Keine Kommentare
30. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Tax Inseparably Linked to State Aid
State Aid Blogs - Stateaid Blog43 Tax movie rent
Taxes which are inseparably linked with an aid measure are assessed together with the aid itself.  An increase of the budget of an aid scheme by more than 20% constitutes a change of existing aid that must be notified to the Commission for prior authorisation.   Introduction Taxpayers may not refuse to pay taxes on the grounds that the tax […]
Mehr lesen
Keine Kommentare
23. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven [1]
State Aid Blogs - Stateaid blog42 Broadcasting
Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations.   Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court […]
Mehr lesen
Keine Kommentare
16. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Unlimited State Guarantees
State Aid Blogs - m 2 1
Unlimited state guarantees create a presumption that the recipient of the guarantee obtains an advantage in the form of cheaper credit. Any advantage in the form of lower risk in transactions with suppliers or clients has to be proven.   Introduction State guarantees must be limited in time and amount and may cover only a specified event. Unlimited and general […]
Mehr lesen
Keine Kommentare
9. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

Ex ante Assessment of Future Profitability is Absolutely Necessary
State Aid Blogs - m 1 1
A private investor assesses the prospects of future profitability before it invests. The burden of proof lies with the Member State that claims it has acted as a private investor.   Introduction The market economy investor principle is based on a simple premise: before you commit your money you need to check how much you are likely to get back. […]
Mehr lesen
Keine Kommentare
2. Oktober 2018  |   State Aid Uncovered von Phedon Nicolaides

The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part III
The objective of common interest that should be supported by State aid does not have to be an objective agreed by all Member States.   Environmental protection Austria argued that the Commission had ignored the potential negative effects of the aid on the environment such as the storing of nuclear waste. The reply of the Court was that “(516) in […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

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