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

16. Oktober 2019 | State Aid Uncovered von Phedon Nicolaides

Attempting to Minimise Past State aid Is of No Interest to a Private Investor

State Aid Blogs - StateAidHub blogpost43 privateinvestor

A public authority acting as a private investor ignores past State aid. Introduction It is now a settled principle that when a public authority intends or pretends to act as a private investor it must not take into account any past aid it has granted to the company in which it wants to invest. On 19 September 2019, the General Court […]

Keine Kommentare

8. Oktober 2019 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations, Duration of Entrustment and Reasonable Profit

State Aid Blogs - StateAidHub blogpost41 LNGterminal

The duration of entrustment should not exceed the economic life of the investment and the rate of return should reflect the commercial risk of that investment. Introduction Is a 55-year entrustment through a direct award compatible with EU rules? And is a profit rate that exceeds the risk-free rate of return reasonable? These are some of the questions that the […]

Keine Kommentare

1. Oktober 2019 | State Aid Uncovered von Phedon Nicolaides

Enforcement of State Aid Rules by National Courts

State Aid Blogs - m 2

Private enforcement has increased, but damages for illegal granting of State aid have been successfully claimed in just one case. Introduction According to the annual competition report that was published in July, Member States use the GBER to implement 96% of their new aid measures.[1] This impressive outcome should be seen in conjunction with the recent rulings of the Court […]

3 Kommentare

24. September 2019 | State Aid Uncovered von Phedon Nicolaides

“Invest-NL”: A New Promotional Bank

State Aid Blogs - StateAidHub blogpost39 promotionalbank

A state-owned promotional or development bank can pursue public policy objectives and also invest on terms which are acceptable to private investors. Introduction During the past decade or so several Member States have established “promotional” or “development” banks for the purpose of investing where the market does not. Private investors may be reluctant to commit their money for a variety […]

Keine Kommentare

17. September 2019 | State Aid Uncovered von Phedon Nicolaides

Sale of a Bank without State aid

State Aid Blogs - StateAidHub blogpost38 saleofbank

The sale must be open, transparent, non-discriminatory, unconditional and the winning bid must be the offer with the highest price. Introduction The German HSH Nordbank used to be the largest provider of ship finance in the world. It had commercial presence in over 20 major financial centres. Before the outbreak of the financial crisis in 2008, HSH Nordbank had a […]

Keine Kommentare

10. September 2019 | State Aid Uncovered von Phedon Nicolaides

Individually Notified Regional Aid

State Aid Blogs -

All individual awards of aid granted to the same project over a three-year period have to be counted together and remain below the maximum allowable aid intensity in relation to the sum of eligible costs. Introduction Hungary operates an aid scheme that offers tax credits to encourage regional investment. The scheme has been implemented on the basis of the GBER […]

Keine Kommentare

3. September 2019 | State Aid Uncovered von Phedon Nicolaides

Presumed v Actual Compatibility of State aid with the Internal Market

State Aid Blogs - StateAidHub blogpost36 GBER BMW

State aid granted on the basis of the GBER may not be considered as authorised by the Commission. The task of Member States is to ensure that all of the requirements of the GBER are fulfilled. In particular, Member States must confirm the incentive effect of aid to large enterprises. Introduction[1] In March 2019, the Court of Justice delivered […]

Keine Kommentare

28. August 2019 | State Aid Uncovered von Phedon Nicolaides

A Curious Case of Port Concessions

State Aid Blogs - StateAidHub blogpost35 port concessions

The obligations of a concessionaire may be made less onerous in order to enable it to remain in operation. Any adjustment of the obligations takes into account the possible legal defences of the concessionaire. Introduction The Market Economy Investor Principle [MEIP] is a powerful concept. Its many variations attest to its versatility [e.g. market economy investor, operator, vendor, creditor]. It […]

Keine Kommentare

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 […]

Keine Kommentare

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 […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

Keine Kommentare

25. September 2018 | State Aid Uncovered von Phedon Nicolaides

The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part II

State Aid Blogs - SAH blogpost37 Hinkley Point C UK 2017

The objective of common interest that should be supported by state aid does not have to be an objective agreed by all Member States. Existence of market failure and need for aid Austria and Luxembourg claimed that the intervention by the UK was not necessary and that there was no evidence that the liberalised market for the generation and […]

Keine Kommentare

18. September 2018 | State Aid Uncovered von Phedon Nicolaides

The Compatibility of State Aid with the Internal Market: Lessons from “Hinkley Point C” – Part I

State Aid Blogs - SAH blogpost37 Hinkley Point C UK 2017

The objective of common interest that should be supported by state aid does not have to be an objective agreed by all Member States. Introduction On 12 July 2018, the General Court ruled in a complex case brought by Austria and Luxembourg against Commission decision 2015/658 which had authorised State aid for Hinkley Point C, a new nuclear power […]

Keine Kommentare

11. September 2018 | State Aid Uncovered von Phedon Nicolaides

Selectivity Can Exist at Different Levels: The Case of the Spanish Tax Lease System

transport ship

A tax measure may be selective in relation to both intermediate and final beneficiaries. An undertaking may enjoy a selective advantage even if it passes all tax benefits to other parties. Introduction A measure that is not selective at one level may be selective at another level and a measure that is selective at one level can also be […]

4 Kommentare

4. September 2018 | State Aid Uncovered von Phedon Nicolaides

Public Procurement and State Aid

State Aid Blogs - SAH blogpost35 Nuclearpower

State aid does not have to be awarded on the basis of a competitive procedure, unless the relevant rules require it. Secondary legislation may allow Member States to make direct awards without a prior competitive procedure. Public procurement rules do not apply to awards between contracting authorities. Introduction Public procurement and State aid rules have the same basic […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

« Vorherige Seite Nächste 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