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

19. März 2019 | State Aid Uncovered von Phedon Nicolaides

Many Tax Rulings Do Not Make a Single Aid Scheme

State Aid Blogs - StateaidHub blogpost11 Lexxion 2019 Tax Commission EU judgement

The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting authority has no discretion in how the measure is applied and (c) the measure defines the eligible […]

2 Kommentare

13. März 2019 | State Aid Uncovered von Phedon Nicolaides

How Can Incompatible State Aid Be Passed-on from one Company to another to Avoid Recovery?

State Aid Blogs - StateaidHub blogpost10 2019 commission judgement nvestment state aid lexxion

Introduction State aid that is incompatible with the internal market has to be paid back, unless the repayment would be contrary to a general principle of EU law. Last November the Court of Justice ruled in case C‑622/16 P, Scuola Elementare Maria Montessori v European Commission that “(79) the principle that ‘no one is obliged to do the impossible’ is among the […]

Keine Kommentare

5. März 2019 | State Aid Uncovered von Phedon Nicolaides

How Much May a Non-Economic Entity Charge without Becoming an Undertaking?

State Aid Blogs - StateaidHub blogpost9 2019 lexxion education stateaid financing commission 2

The price should not cover more than 50% of the costs. Introduction An entity that does not make profit can still be an undertaking. However, an entity that charges a fee for its services is not necessarily an undertaking. The EU Court of Justice has never defined how low such a fee must be in order for that entity to […]

2 Kommentare

27. Februar 2019 | State Aid Uncovered von Phedon Nicolaides

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid

State Aid Blogs - StateAidHub blogpost8 Maritim Ferry Port StateAid Lexxion

State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state. Introduction A […]

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19. Februar 2019 | State Aid Uncovered von Phedon Nicolaides

Support for Non-Performing Loans in Cyprus

State Aid Blogs - StateAidHub blogpost47 Finance lexxion GBER SMEs

Public assistance to households to pay for their mortgages is not State aid. Public assistance to enterprises to pay for their loans may be qualified as de minimis aid. Public assistance to households and de minimis aid to enterprises to pay for their loans are indirect aid to banks, which, however, falls outside the directive on bank recovery and resolution […]

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14. Februar 2019 | State Aid Uncovered von Phedon Nicolaides

What Does a Private Investor Take into Account before Investing?

State Aid Blogs - StateAidHub blogpost6 2019 Lexxion investment Stateaid commission EU telecom

A private investor may invest in a troubled company that is restructuring is order to increase its future profitability. Introduction The answer to the question posed above is short and simple: everything relevant. A private investor does not ignore anything that can affect the profitability of the prospective investment.This implies that the other side of the coin is […]

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12. Februar 2019 | State Aid Uncovered von Phedon Nicolaides

Pari Passu Is not Static

State Aid Blogs - StateAidHub blogpost4 2019 lexxion pari passu chemistry Investment

When comparing the behaviour of public and private creditors, it is necessary to ensure that their situations and interests do not diverge over time. Introduction When an undertaking owes money to a public authority the latter must use all available legal means to recover the money, including the liquidation of the undertaking and the sale of its assets. […]

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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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12. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

State Aid for the Deployment of Broadband Networks

State Aid Blogs - SAZ Blogpost 23 Broadband

Most State aid for the development of broadband networks is approved by the Commission. But the aid must be limited only to areas where market-based investments are unlikely to be made without aid. Introduction This article reviews a recent Commission decision authorising State aid for broadband development in the Netherlands which is one of the most networked countries […]

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5. Juni 2018 | State Aid Uncovered von Phedon Nicolaides

The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI)

State Aid Blogs - SAH Blogpost 22 SGEI

A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it to specified consumers, in specified areas and on specified terms. Introduction The Treaty on the Functioning of the EU and the case law […]

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29. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemptions from Product-Specific Taxes

State Aid Blogs - SAH Blogpost 21 Product Tax

Tax exemptions do not constitute State aid when they aim to induce change in the behaviour of consumers, when they distinguish between harmful products and non-harmful products and for reasons of administrative simplicity. Introduction In the past two weeks, an article was published in two parts criticising the judgments of the Court of Justice in three cases of […]

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22. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemption from Taxes that Protect the Environment May not be Selective – Part II

State Aid Blogs - victor xok gFjGZ2qRZOo unsplash

Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings whose activities do not harm the environment does not constitute State aid whenever the exempted undertakings are not in a comparable situation. Application of Article 107(1) to the Asturias tax In this case, exempted establishments were those with sales area less than 4000m2 or […]

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15. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Exemption from Taxes that Protect the Environment May not be Selective – Part I

State Aid Blogs - 14.05.18 Part1 Blog19 Spain Regional Tax

Member States have discretion to impose taxes that penalise environmentally harmful activities. Exemption of undertakings whose activities do not harm the environment does not constitute State aid whenever the exempted undertakings are not in a comparable situation. Application of Article 107(1) to the Asturias tax In this case, exempted establishments were those with sales area less than 4000m2 or […]

Keine Kommentare

8. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Dealing with Problematic Banks

State Aid Blogs - StateAidHub blogpost14 StateAid Lexxion Money Eu Commission Bank Financial

The sale of a bank through a fair, open, competitive and transparent procedure that maximises the value of the assets and liabilities is free of State aid. Introduction This week’s article returns to the theme of State aid to banks and examines a case of “precautionary” recapitalisation and a case of sale of a bank, that was linked to […]

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2. Mai 2018 | State Aid Uncovered von Phedon Nicolaides

Compensation for Public Service Obligations

State Aid Blogs - 02.05.2018 SA POL UK SGEI

Compensation for public service obligations may be fixed at less than the net extra costs of the provider of the public service to induce it to become more efficient. Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision […]

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24. April 2018 | State Aid Uncovered von Phedon Nicolaides

Liquidity Support to Banks

State Aid Blogs - 24.04.2018 StateAid Banks MPS

Banks that receive State aid are considered to be failing banks, except when the aid is granted to solvent banks for the purpose of precautionary recapitalisation or temporary liquidity. Introduction During the past decade, large amounts of public funds have been committed to shore up failing or illiquid banks. Under current banking rules, the mere fact that a […]

2 Kommentare

17. April 2018 | State Aid Uncovered von Phedon Nicolaides

Complaints about Billboards and Welfare Services

State Aid Blogs - 17.04.2018 State aid Billboard

A regulatory measure may affect competition but it does not constitute State aid. Administrative changes to existing aid measures do not result in new State aid. Introduction This article reviews two Commission decisions: one concerning a Czech regulatory measure and another concerning existing aid to German social organisations. Both decisions dealt with complaints about alleged illegal State aid. […]

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10. April 2018 | State Aid Uncovered von Phedon Nicolaides

What Makes a Public Health Care System Non-economic?

State Aid Blogs - 10.04.18 HealthCare StateAid Economic

Health services are not economic in nature when they are funded by the state through taxation, they are provided for free or at a nominal fee which is the same for all patients and they are available to all citizens on a universal basis and on the same terms. Introduction After the judgment of the General Court of […]

2 Kommentare

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