Europäisches Beihilfenrecht Blog

State Aid Uncovered Blog

On a weekly basis Phedon Nicolaides posts critical analysis pieces on the latest State aid judgments and decisions on his blog State Aid Uncovered. Each article presents the main points of a court ruling or Commission‘s decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions.
Occasional guest blog posts by other State aid experts complement the State aid knowledge hub.

Join the debate now!

Professor at Maastricht University; Professor at University of Nicosia, and Academic Director at Lexxion Training

- advantage ×

16. April 2019  |   State Aid Uncovered von Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
Mehr lesen
Keine Kommentare
3. April 2018  |   State Aid Uncovered von Phedon Nicolaides

Advantage through Contracts
State Aid Blogs - ah life rd2jRzEum9g unsplash
A price below the regulated normal price confers an advantage. Competition is distorted even when the aid recipient does not expand its operations.   Introduction An undertaking can obtain an advantage without receiving an outright grant. The advantage may be hidden in a contract for the supply of an essential input at reduced prices. This is the issue tackled by […]
Mehr lesen
4 Kommentare
17. Januar 2017  |   State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
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 […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
1. November 2016  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can be Incompatible with the Internal Market
State Aid Blogs - m 12 1
Progressive taxes levied on turnover can provide State aid that is incompatible with the internal market. Flat turnover taxes are proportional and therefore likely to be free of State aid.   Introduction Hungary wanted to levy two types of turnover taxes whose purpose was to protect health. The first tax was levied on tobacco products.[1] The Commission found, in decision 2016/1846, […]
Mehr lesen
Keine Kommentare
30. August 2016  |   State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity
State Aid Blogs - m 19 1
This is the second article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article focused on the concepts of economic activity and state resources.** Next week’s article will conclude with a presentation of the conditions under which trade is affected and competition distorted and an analysis of the application of […]
Mehr lesen
Keine Kommentare
23. März 2016  |   State Aid Uncovered von Phedon Nicolaides

Compensatory Payments Can still Confer an Advantage
State Aid Blogs - m 33 1
Membership of a compulsory insurance scheme can still confer an advantage to participating undertakings. Private contributions can still become state resources if they are paid into a fund that is managed by the state. Member States always have the option to ask for a measure to be assessed directly on the basis of the Treaty but they have to justify […]
Mehr lesen
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 […]
Mehr lesen
Ein Kommentar
12. Mai 2015  |   State Aid Uncovered von Phedon Nicolaides

A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective
State Aid Blogs - m 15 2
Where there is a constitutional division of tax competences, different authorities may tax similar activities at different rates.   Introduction This article examines Commission decision SA.34469 on differential tax rates for online and land-based gambling in Spain.[1] In the Spanish political system, regions that have the status of Autonomous Communities have powers of taxation. The issue at hand was which authority […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

- advantage ×

16. April 2019  |   State Aid Uncovered von Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
Mehr lesen
Keine Kommentare
3. April 2018  |   State Aid Uncovered von Phedon Nicolaides

Advantage through Contracts
State Aid Blogs - ah life rd2jRzEum9g unsplash
A price below the regulated normal price confers an advantage. Competition is distorted even when the aid recipient does not expand its operations.   Introduction An undertaking can obtain an advantage without receiving an outright grant. The advantage may be hidden in a contract for the supply of an essential input at reduced prices. This is the issue tackled by […]
Mehr lesen
4 Kommentare
17. Januar 2017  |   State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
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 […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
1. November 2016  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can be Incompatible with the Internal Market
State Aid Blogs - m 12 1
Progressive taxes levied on turnover can provide State aid that is incompatible with the internal market. Flat turnover taxes are proportional and therefore likely to be free of State aid.   Introduction Hungary wanted to levy two types of turnover taxes whose purpose was to protect health. The first tax was levied on tobacco products.[1] The Commission found, in decision 2016/1846, […]
Mehr lesen
Keine Kommentare
30. August 2016  |   State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity
State Aid Blogs - m 19 1
This is the second article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article focused on the concepts of economic activity and state resources.** Next week’s article will conclude with a presentation of the conditions under which trade is affected and competition distorted and an analysis of the application of […]
Mehr lesen
Keine Kommentare
23. März 2016  |   State Aid Uncovered von Phedon Nicolaides

Compensatory Payments Can still Confer an Advantage
State Aid Blogs - m 33 1
Membership of a compulsory insurance scheme can still confer an advantage to participating undertakings. Private contributions can still become state resources if they are paid into a fund that is managed by the state. Member States always have the option to ask for a measure to be assessed directly on the basis of the Treaty but they have to justify […]
Mehr lesen
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 […]
Mehr lesen
Ein Kommentar
12. Mai 2015  |   State Aid Uncovered von Phedon Nicolaides

A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective
State Aid Blogs - m 15 2
Where there is a constitutional division of tax competences, different authorities may tax similar activities at different rates.   Introduction This article examines Commission decision SA.34469 on differential tax rates for online and land-based gambling in Spain.[1] In the Spanish political system, regions that have the status of Autonomous Communities have powers of taxation. The issue at hand was which authority […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

- advantage ×

16. April 2019  |   State Aid Uncovered von Phedon Nicolaides

Spanish Football Clubs Score against the Commission: a) Linked Advantages and Disadvantages Must be Assessed Together b) In Determining the Existence of an Advantage, the Commission Must Explain both what it Takes into Account and what it Ignores
State Aid Blogs - StateAidHub blogpost15 Soccer loans Lexxion Spain EU Commission
State measures which are linked and produce both positive and negative effects, must be considered together to determine whether they confer a net advantage to undertakings. Counter-guarantees must be taken into account to determine the existence of advantage even if they are provisional.   Introduction Member States have in a number of cases tried to defend tax reductions or tax […]
Mehr lesen
Keine Kommentare
3. April 2018  |   State Aid Uncovered von Phedon Nicolaides

Advantage through Contracts
State Aid Blogs - ah life rd2jRzEum9g unsplash
A price below the regulated normal price confers an advantage. Competition is distorted even when the aid recipient does not expand its operations.   Introduction An undertaking can obtain an advantage without receiving an outright grant. The advantage may be hidden in a contract for the supply of an essential input at reduced prices. This is the issue tackled by […]
Mehr lesen
4 Kommentare
17. Januar 2017  |   State Aid Uncovered von Phedon Nicolaides

Part II: Developments on the Concepts of Advantage and Selectivity
State Aid Blogs - StateAidHub blogpost2 2019 lexxion stateaid airports
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 […]
Mehr lesen
Keine Kommentare
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 […]
Mehr lesen
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 […]
Mehr lesen
Keine Kommentare
1. November 2016  |   State Aid Uncovered von Phedon Nicolaides

Turnover Taxes Can be Incompatible with the Internal Market
State Aid Blogs - m 12 1
Progressive taxes levied on turnover can provide State aid that is incompatible with the internal market. Flat turnover taxes are proportional and therefore likely to be free of State aid.   Introduction Hungary wanted to levy two types of turnover taxes whose purpose was to protect health. The first tax was levied on tobacco products.[1] The Commission found, in decision 2016/1846, […]
Mehr lesen
Keine Kommentare
30. August 2016  |   State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity
State Aid Blogs - m 19 1
This is the second article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article focused on the concepts of economic activity and state resources.** Next week’s article will conclude with a presentation of the conditions under which trade is affected and competition distorted and an analysis of the application of […]
Mehr lesen
Keine Kommentare
23. März 2016  |   State Aid Uncovered von Phedon Nicolaides

Compensatory Payments Can still Confer an Advantage
State Aid Blogs - m 33 1
Membership of a compulsory insurance scheme can still confer an advantage to participating undertakings. Private contributions can still become state resources if they are paid into a fund that is managed by the state. Member States always have the option to ask for a measure to be assessed directly on the basis of the Treaty but they have to justify […]
Mehr lesen
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 […]
Mehr lesen
Ein Kommentar
12. Mai 2015  |   State Aid Uncovered von Phedon Nicolaides

A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective
State Aid Blogs - m 15 2
Where there is a constitutional division of tax competences, different authorities may tax similar activities at different rates.   Introduction This article examines Commission decision SA.34469 on differential tax rates for online and land-based gambling in Spain.[1] In the Spanish political system, regions that have the status of Autonomous Communities have powers of taxation. The issue at hand was which authority […]
Mehr lesen
Keine Kommentare
« Vorherige SeiteNächste Seite »

How to Submit a Blog Post

Do you want to share your analysis of a State aid law topic? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU State aid law; new developments, publications, hot topics in EU State aid law. The recommended length of the post is 500-2,000 words incl. references (endnotes). Your analysis will be published under the category ‘Guest State Aid Blog’.

Here’s how you can publish a post on the Blog as a guest author:

Step 1: Submit your draft to Nelly Stratieva at stratieva@lexxion.eu.

Step 2: We at Lexxion will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalised and accepted, we will publish your post.

Gastbeitrag einreichen

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