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

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. März 2020 | State Aid Uncovered von Phedon Nicolaides

A New Temporary State aid Framework to Fight the Effects of the Corona Virus

corona virus poster

Member States will be allowed to provide grants, guarantees and loans to companies to alleviate the effects of the corona virus. Introduction At the end of 2009, the European Commission adopted a Temporary Framework of State aid rules to enable Member States to support companies that were harmed by the outbreak of the financial crisis in 2008. Now, the corona […]

6 Kommentare

17. März 2020 | State Aid Uncovered von Phedon Nicolaides

Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes

State Aid Blogs - Turnover

Progressive turnover taxes are not contrary to the freedom of establishment or the right of equal treatment. Introduction Recent cases involving “turnover” taxes have sparked a debate in the literature and on the conference circuit not only because they raise novel issues but also because of their implications for other taxes which are being mooted by European governments. As Advocate-General […]

2 Kommentare

11. März 2020 | State Aid Uncovered von Phedon Nicolaides

Financial Transactions between the State and Banks with No State aid

State Aid Blogs - StateAidHub blogpost10 state guarantees

Capital injections, state guarantees and loans granted to banks can be free of State aid if they are priced at market rates which reflect the risk borne by the state. Introduction If banks can obtain capital, loans and guarantees from the state at market rates why don’t they go directly to the market? No one has yet given a satisfactory […]

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3. März 2020 | State Aid Uncovered von Phedon Nicolaides

Public Funding of Infrastructure without State Aid

State Aide_Infrastructure

The existence of State aid must be checked at the level of both the direct and indirect beneficiaries who are the owners and users of infrastructure, respectively. If payments to private land owners are to be free of State aid, they must be calculated on the basis of an objective formula that takes into account the size and value of […]

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25. Februar 2020 | State Aid Uncovered von Phedon Nicolaides

Environmental Remediation and State Liability

State Aid Blogs - StateAidHub blogpost8 environmental remediation

Liability assumed by the state for the actions of an undertaking constitutes a selective advantage that may result in potential transfer of state resources in the future. Introduction On 16 January 2020 the General Court delivered its judgment in case T‑257/18, Iberpotash v European Commission.[1] Iberpotash, a Spanish company, appealed against Commission decision 2018/118. Iberpotash owns and operates potash mines […]

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21. Februar 2020 | State Aid Uncovered von Phedon Nicolaides

From Waste to Energy

State Aid Blogs - StateAidHub blogpost7 waste to energy

State aid to incentivise the use of waste to produce energy must be individually notified. Introduction Waste management is an increasingly important aspect of policies aiming to prevent environmental degradation and slow down climate change. As the market for recycling expands and waste management becomes more profitable, there is also a higher risk of harm to competition by State aid. […]

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12. Februar 2020 | State Aid Uncovered von Phedon Nicolaides

An Important (and so far, Unique) Project of Common European Interest

State Aid Blogs - StateAidHub blogpost6 microplastics IPCEI

State aid for important R&D projects of common European interest can cover different costs than the RDI Framework and at different rates of intensity. Introduction Several Member States have demanded a more active industrial policy to counteract perceived unfair foreign competition. The Commission’s response has partly been that current rules do allow cross-border cooperation for the development of innovative products. […]

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4. Februar 2020 | State Aid Uncovered von Phedon Nicolaides

How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation

State Aid Blogs - StateAidHub blogpost5 SGEI

The “net avoided cost methodology” takes into account only incremental costs. Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public service obligation [PSO] and the identification of the “counterfactual” on the basis of which the public service compensation [PSC] is calculated. […]

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29. Januar 2019 | State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: Proper Definition and Avoidance of Overcompensation

State Aid Blogs - StateAidHub Blogpost4 2019 Lexxion Stateaid SGEI Social Housing

Member States need to demonstrate that public service obligations imposed on undertakings are necessary and proportional to the need for public service. A change in the funding of public services does not constitute new aid if it does not alter its objectives, the beneficiaries or the amount of aid by more than 20%. Introduction It is a well-established principle […]

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22. Januar 2019 | State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part II

State Aid Blogs - StateAidHub Blogpost3 2019 lexxion Commission Airport Investment StateAid

Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]

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16. Januar 2019 | State Aid Uncovered von Phedon Nicolaides

The Private Investor Principle in Air Transport – Part I

State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports

Public funds managed by private airport operators can be classified as state resources. Prices charged by airport operators can be used as a benchmark for market prices only if their activities and size are comparable and their costs are not subsidised by State aid. Before a private investor enters into any commercial arrangement, it takes into account all relevant information, […]

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8. Januar 2019 | State Aid Uncovered von Phedon Nicolaides

Justification of a Tax Exemption

State Aid Blogs - StateAidHub blogpost23

Prevention of excessive taxation may justify tax exemption. Prevention of abuse may justify limits to the tax exemption. Introduction A tax exemption may not constitute state aid if it is justified by reasons which are linked to the nature or general scheme of the tax system. This is what the Court of Justice said on 19 December 2018, […]

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21. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

Infrastructure Projects, State Guarantees and Distortion of Competition

State Aid Blogs - SAH blogpost51 52 stateaid infrastructure guarantees

State guarantees must be limited in duration and amount and the conditions for their mobilization must be defined in advance. Public funding to an operator in a closed sector does not affect trade and, therefore, does not constitute State aid. Introduction Large infrastructure projects are complex, encounter many unforeseen problems and often fall behind schedule for years. Consider, for […]

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18. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

The Date and Scope of Public Service Compensation

State Aid Blogs - SAH blog50 beneficiaries stateaid public transportation

Aid is deemed to be granted on the date the beneficiary undertaking acquires the legal right to it, regardless of whether it is actually paid on that date. It is not enough for a public authority to define the service that it wants an operator to provide and the price that it should charge. It must also define where and […]

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12. Dezember 2018 | State Aid Uncovered von Phedon Nicolaides

The Challenge of Identifying the Reference Tax System: The Spanish Goodwill Case, Again

State Aid Blogs - SAH blog49 Lexxion tax

To determine whether an aid measure is selective, the treatment of the beneficiaries has to be compared to those undertakings which are in a comparable position. Introduction On 15 November 2018, the General Court ruled in case T-239/11, Sigma Alimentos Exterior v European Commission.1 Sigma Alimentos Exterior (SAE), a Spanish company, appealed against Commission decision 2011/282 which found that […]

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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 […]

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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 […]

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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 […]

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