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

Guest State Aid Blog ×

4. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Imputability to the State

State Aid Blogs - m 11

State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]

2 Kommentare

23. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part I – Economic Activities & State Resources

State Aid Blogs - m 19 1

The Notice provides a thorough review of the case law and the decisional practice of the Commission. Introduction After more than two years of deliberations, the Commission Notice on the Notion of State Aid was published in the Official Journal on 19 July 2016.[1] The Notice presents “the Commission’s understanding of Article 107(1) of the Treaty, as interpreted by the […]

Keine Kommentare

31. Mai 2016 | State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”

State Aid Blogs - m 27 1

Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities. Introduction On 10 May 2016, the General Court issued its […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports

State Aid Blogs - m 18

State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor. Introduction This is a rather long article because it examines a rich case that […]

Keine Kommentare

4. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources

State Aid Blogs - m 9 2

Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid. Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]

Keine Kommentare

28. Juli 2015 | State Aid Uncovered von Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses

State Aid Blogs - m 11 2

A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]

Ein Kommentar

24. Februar 2015 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights

State Aid Blogs - m 19 2

The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction […]

Keine Kommentare

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Guest State Aid Blog ×

4. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Imputability to the State

State Aid Blogs - m 11

State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]

2 Kommentare

23. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part I – Economic Activities & State Resources

State Aid Blogs - m 19 1

The Notice provides a thorough review of the case law and the decisional practice of the Commission. Introduction After more than two years of deliberations, the Commission Notice on the Notion of State Aid was published in the Official Journal on 19 July 2016.[1] The Notice presents “the Commission’s understanding of Article 107(1) of the Treaty, as interpreted by the […]

Keine Kommentare

31. Mai 2016 | State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”

State Aid Blogs - m 27 1

Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities. Introduction On 10 May 2016, the General Court issued its […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports

State Aid Blogs - m 18

State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor. Introduction This is a rather long article because it examines a rich case that […]

Keine Kommentare

4. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources

State Aid Blogs - m 9 2

Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid. Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]

Keine Kommentare

28. Juli 2015 | State Aid Uncovered von Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses

State Aid Blogs - m 11 2

A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]

Ein Kommentar

24. Februar 2015 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights

State Aid Blogs - m 19 2

The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction […]

Keine Kommentare

« Vorherige Seite

Guest State Aid Blog ×

4. Juli 2017 | State Aid Uncovered von Phedon Nicolaides

Imputability to the State

State Aid Blogs - m 11

State resources and imputability or attribution to the state are two distinct concepts. They must both be satisfied in order for a measure to constitute State aid. Introduction Several Member States have set up “promotional” banks or national development banks. Some of these promotional banks pursue only public policy objectives by channelling cheap funds to SMEs. Some others provide funding […]

2 Kommentare

23. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part I – Economic Activities & State Resources

State Aid Blogs - m 19 1

The Notice provides a thorough review of the case law and the decisional practice of the Commission. Introduction After more than two years of deliberations, the Commission Notice on the Notion of State Aid was published in the Official Journal on 19 July 2016.[1] The Notice presents “the Commission’s understanding of Article 107(1) of the Treaty, as interpreted by the […]

Keine Kommentare

31. Mai 2016 | State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”

State Aid Blogs - m 27 1

Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will then be classified as state resources regardless of whether they are managed by private entities. Introduction On 10 May 2016, the General Court issued its […]

Keine Kommentare

1. Dezember 2015 | State Aid Uncovered von Phedon Nicolaides

Investment and Operating Aid to Airports

State Aid Blogs - m 18

State aid is granted on the date the relevant public authority makes an irrevocable commitment to grant it or creates a legal entitlement for the beneficiary. Loans that impose public policy obligations on borrowers are not in conformity with the behaviour of a private investor. Introduction This is a rather long article because it examines a rich case that […]

Keine Kommentare

4. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Use and Abuse of De Minimis Aid & State Resources

State Aid Blogs - m 9 2

Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid. Introduction This article reviews two cases that, among other things, deal with the use and abuse of de minimis aid […]

Keine Kommentare

28. Juli 2015 | State Aid Uncovered von Phedon Nicolaides

The Market Economy Investor Principle Applies also to Avoidance of Losses

State Aid Blogs - m 11 2

A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction When a market operator invests to make profit, its underlying logic is the same as when it pays to avoid losses. In both cases it is […]

Ein Kommentar

24. Februar 2015 | State Aid Uncovered von Phedon Nicolaides

Exclusive Rights

State Aid Blogs - m 19 2

The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction […]

Keine Kommentare

« Vorherige Seite

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