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 ×

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

27. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Funding of the Spanish Public Broadcaster and Hypothecation of Taxes

State Aid Blogs - m 5 2

Tax payers have grounds to object to a tax on the basis of Article 107(1) TFEU only when the tax is “asymmetrical” or when it is “hypothecated” to an aid measure. Introduction On 10 November 2016, the Court of Justice ruled in case C‑449/14 P, DTS v European Commission.[1] DTS, a Spanish television company, appealed against the judgment of the General […]

Keine Kommentare

22. Dezember 2016 | State Aid Uncovered von Lexxion Publisher

5 most read articles by Phedon Nicolaides in 2016

State Aid Blogs - m 6 2

Questions around selectivity of tax measures, the private creditor test, the new Commission Notice on the Notion of State Aid and many more have moved and shaped this year’s judgments on State aid. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2016. We have also started an exciting new journey of State aid videos on […]

Keine Kommentare

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

13. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Hungarian Advertisement Tax, Polish Retail Tax and Estonia Package Tax

State Aid Blogs - m 8 1

Progressive taxes can constitute State aid. Exemption from a packaging tax of packaged goods which are taken abroad is within the logic of the tax system. Introduction This article reviews three tax measures which levied taxes on specific activities and products. In particular, they concern taxes on advertising, retail sales and an exemption from a tax on product packaging. […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

23. November 2016 | State Aid Uncovered von Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

27. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Funding of the Spanish Public Broadcaster and Hypothecation of Taxes

State Aid Blogs - m 5 2

Tax payers have grounds to object to a tax on the basis of Article 107(1) TFEU only when the tax is “asymmetrical” or when it is “hypothecated” to an aid measure. Introduction On 10 November 2016, the Court of Justice ruled in case C‑449/14 P, DTS v European Commission.[1] DTS, a Spanish television company, appealed against the judgment of the General […]

Keine Kommentare

22. Dezember 2016 | State Aid Uncovered von Lexxion Publisher

5 most read articles by Phedon Nicolaides in 2016

State Aid Blogs - m 6 2

Questions around selectivity of tax measures, the private creditor test, the new Commission Notice on the Notion of State Aid and many more have moved and shaped this year’s judgments on State aid. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2016. We have also started an exciting new journey of State aid videos on […]

Keine Kommentare

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

13. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Hungarian Advertisement Tax, Polish Retail Tax and Estonia Package Tax

State Aid Blogs - m 8 1

Progressive taxes can constitute State aid. Exemption from a packaging tax of packaged goods which are taken abroad is within the logic of the tax system. Introduction This article reviews three tax measures which levied taxes on specific activities and products. In particular, they concern taxes on advertising, retail sales and an exemption from a tax on product packaging. […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

23. November 2016 | State Aid Uncovered von Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

State Aid Uncovered ×

10. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Developments on the Concepts of Advantage and Selectivity

airplane

The advantage conferred by State aid is not necessarily equivalent to the economic benefit that is eventually enjoyed by aid recipients. Incompatible State aid has to be repaid regardless of whether it is passed on to the customers of the aid recipients. Undertakings derive an advantage when state intervention reduces the costs they would bear under “normal market conditions” whereby […]

Keine Kommentare

3. Januar 2017 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations and Award for Damages

public bus

Providers of public services must keep separate accounts. The parameters for calculating the compensation for the extra costs of public services must be determined in advance. Awards for damages do not constitute State aid. However, no damages can be awarded as a substitute for incompatible State aid. Introduction It is often asked how compensation measures for public service obligations […]

Keine Kommentare

27. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Funding of the Spanish Public Broadcaster and Hypothecation of Taxes

State Aid Blogs - m 5 2

Tax payers have grounds to object to a tax on the basis of Article 107(1) TFEU only when the tax is “asymmetrical” or when it is “hypothecated” to an aid measure. Introduction On 10 November 2016, the Court of Justice ruled in case C‑449/14 P, DTS v European Commission.[1] DTS, a Spanish television company, appealed against the judgment of the General […]

Keine Kommentare

22. Dezember 2016 | State Aid Uncovered von Lexxion Publisher

5 most read articles by Phedon Nicolaides in 2016

State Aid Blogs - m 6 2

Questions around selectivity of tax measures, the private creditor test, the new Commission Notice on the Notion of State Aid and many more have moved and shaped this year’s judgments on State aid. See which articles by Prof. Phedon Nicolaides were the most popular ones in 2016. We have also started an exciting new journey of State aid videos on […]

Keine Kommentare

20. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Existing v New Aid and Role of National Courts

State Aid Blogs - m 7 1

Modification of an existing aid measure turns it into a new aid measure if it affects its compatibility with the internal market. National courts must also notify to the Commission any new aid measure they detect. Introduction On 26 October 2016, the Court of Justice ruled in case C‑590/14 P, DEI v Commission.[1] DEI, the incumbent electricity producer in Greece appealed against […]

Keine Kommentare

13. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Hungarian Advertisement Tax, Polish Retail Tax and Estonia Package Tax

State Aid Blogs - m 8 1

Progressive taxes can constitute State aid. Exemption from a packaging tax of packaged goods which are taken abroad is within the logic of the tax system. Introduction This article reviews three tax measures which levied taxes on specific activities and products. In particular, they concern taxes on advertising, retail sales and an exemption from a tax on product packaging. […]

Keine Kommentare

6. Dezember 2016 | State Aid Uncovered von Phedon Nicolaides

Pensions, Public Statements and Private Investors

State Aid Blogs - m 9 1

The normal costs of an undertaking include all the costs of compliance with the obligations imposed by law. A private investor takes into account all the relevant information at the point in time it decides to invest. Introduction This article reviews two court judgments both of which concern Orange, the French incumbent telecoms operator. The first judgment finds […]

Keine Kommentare

29. November 2016 | State Aid Uncovered von Phedon Nicolaides

Media Plurality in Denmark

State Aid Blogs - m 10 1

State aid measures need not be open to all undertakings. Introduction On 11 October 2016, the General Court rendered its judgment in case T-167/14, TSøndagsavisen v Commission.[1] Søndagsavisen requested annulment of Commission decision SA.36366 on a measure that had been notified by Denmark. The purpose of the measure was to support production and innovation in the newspaper and magazine sector […]

Keine Kommentare

23. November 2016 | State Aid Uncovered von Phedon Nicolaides

No Affectation of Trade

State Aid Blogs - m 11 1

Public subsidies that do not affect cross-border trade either directly or indirectly do not constitute State aid in the meaning of Article 107(1). The direct trade effect is the impact on customers or users. The indirect trade effect is the impact on potential market entrants. Introduction In April 2015, the Commission surprised us with seven decisions that concluded that […]

Keine Kommentare

15. November 2016 | State Aid Uncovered von Phedon Nicolaides

Private Investor v Private Creditor

State Aid Blogs - 01.11.17 State aid

When the state, acting as a private investor, seeks to recover past public investments, it must aim to maximise the recoverable amount. However, public funds that were granted as State aid must be ignored when the recoverable amount of past investments is calculated. Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v […]

Keine Kommentare

« Vorherige Seite Nächste Seite »

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