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

23. Juni 2016 | State Aid Uncovered von Lexxion Publisher

New Video: What is State aid?

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What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! Today Phedon Nicolaides answers the question “What is State aid?”, explaining the four criteria by case law & treaty. View now, comment and subscribe to our […]

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22. Juni 2016 | Guest State Aid Blog von Gian Marco Galletti

Remarks on the Infrastructure Section of the Commission Notice on the Notion of State Aid

Cable-stayed bridge across river Po in Northern Italy

Today we are glad to welcome once again Gian Marco Galletti as guest author on our State aid blog. He is a PhD Candidate & EU Law Tutor at the Dickson Poon School of Law of King’s College London. In this blog post he comments on the Commission’s new Notice on the notion of State aid. Thank you for your […]

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21. Juni 2016 | State Aid Uncovered von Phedon Nicolaides

PART I: Combining Infrastructure Aid with SGEI Aid

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A provider of services of general economic interest may receive both investment aid and compensation for the extra costs of public service obligations. Introduction Governments normally support large infrastructural projects through guarantees. This is because such projects have a long life, the initial investment costs are very high and the recoupment of investment takes place over a long period […]

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16. Juni 2016 | State Aid Uncovered von Lexxion Publisher

New Video: Why Should Public Authorities Be Concerned About State Aid?

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What is State aid? Why do I need to be concerned about State aid? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! Today Phedon Nicolaides tells you, why public authorities should be concerned about Stateaid. Please comment and subscribe. Visit our YouTube Channel and show all videos. You […]

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13. Juni 2016 | State Aid Uncovered von Phedon Nicolaides

Beneficiaries and Benefits of State Guarantees

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A state guarantee is presumed to lower borrowing costs. However, any other benefits in relation to customers or suppliers have to be proven. Introduction On 26 May 2016, the General Court rendered its judgment in case T-479/11, France v Commission concerning the IFP.[1] France appealed against Commission decision 2012/26 which found that France granted aid to IFP. IFP iIFP s […]

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9. Juni 2016 | Guest State Aid Blog von Lexxion Publisher

State Aid Goes YouTube: Visit Phedon Nicolaides on our YouTube Channel

What is State aid? Why do I need to be concerned about State aid? What is General Block Exemption Regulation (GBER) and how to use it? These and many more basic questions will be answered in our videos on YouTube. Make sure to visit us! With great pleasure we announce the beginning of a new era of e-learning about […]

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7. Juni 2016 | State Aid Uncovered von Phedon Nicolaides

Sport Facilities, the Balancing Test and Distortion of Competition

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Aid measures that target persons with particular needs and who are not adequately provided by the market are not likely to be found to distort competition contrary to the common interest, even if there is some substitutability between the subsidised services and similar services provided by the market on commercial terms. Introduction In August 2011, the Commission received a […]

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2. Juni 2016 | Guest State Aid Blog von Erika Ellyne

Frucona Revisited: Confusing EDF and Placing the Burden of Proof Where it Belongs

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We are happy to welcome Erika Ellyne on the State Aid Blog today. She is a lawyer at Van Bael & Bellis law firm where she works on EU competition law matters. Previously she was a researcher at the VUB University and the LSTS research center, where she is still an affiliate. Today she gives her insights on the Frucona […]

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1. Juni 2016 | Guest State Aid Blog von Lexxion Publisher

Court’s Diary – June 2016

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Find below the court’s diary for all State aid cases this month. Would you like to write a comment on one of them? Please don’t hesitate and get in touch with us ([email protected]), we are happy to publish your comment on the blog. Thursday 09/06/2016 Judgment in Case T-162/13 – Magic Mountain Kletterhallen and Others v Commission (General […]

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31. Mai 2016 | State Aid Uncovered von Phedon Nicolaides

Support for Green Electricity: State Resources and “PreussenElektra”

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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 […]

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14. Juli 2015 | State Aid Uncovered von Phedon Nicolaides

Using Loans to Grant De Minimis Aid and GBER Compatible Aid

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De minimis aid underpins “off-the-shelf” financial instruments which leverage private investment and at the same time ensure that all aid is passed on to the final beneficiary. Introduction One of the most convenient aid instruments is de minimis aid. It can be used for any purpose [apart from promotion of exports or on condition that domestic products are favoured] […]

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7. Juli 2015 | State Aid Uncovered von Phedon Nicolaides

Privatisation by Splitting the Assets

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The sale of a public undertaking [privatisation] needs to be preceded by independent valuation and be carried out on the basis of a competitive procedure. Certain guarantees may be provided to prospective buyers, if they could increase the sale price. The break-up of an undertaking and the disposal of the different parts through separate sales should be shown to generate […]

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29. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective

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The standard of proof of whether a measure is selective depends on whether that measure is a scheme or a grant of individual aid. Measures providing for exemption are by definition selective. Measures that impose additional charges for the purpose of maintaining equality between operators are not necessarily selective even if the responsible authorities retain a degree of discretion in […]

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22. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

Ex post Monitoring of a Risk Capital Fund

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Ex post monitoring will be pursued vigorously by the Commission. Irregularities in the implementation of State aid measures may lead to the opening of the formal investigation procedure. Introduction This article examines Commission decision concerning a UK risk capital scheme entitled Enterprise Capital Funds [SA.15373 and SA.33186]. The decision is the outcome of an investigation that was initiated after […]

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15. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

Germany Scores a Hat-trick of Non-Aid Measures!

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At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were thought not capable of affecting trade is very exceptional. Perhaps the Commission is trying to signal to […]

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8. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

The Perils of Ex Post Monitoring

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Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared for wider and more intrusive ex post monitoring. Introduction One of the cornerstones of the State Aid […]

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1. Juni 2015 | State Aid Uncovered von Phedon Nicolaides

How Injection of Public Capital Can Be Free of State Aid

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Injection of public capital in an undertaking conforms with the market economy investor principle when: The public investment is equal and concomitant to private investment. The public investment has economic significance and is not followed by disengagement of private investors. The recipient undertaking is in a healthy financial position. The recipient undertaking compares favourably to its peers. The investment is […]

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27. Mai 2015 | State Aid Uncovered von Phedon Nicolaides

Restructuring Aid, Recovery of Aid and Procedural Rights

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Restructuring aid can finance any part of a restructuring plan. Compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself. Member States have to comply with the conditions defined in Commission decisions. They cannot justify non-compliance on the grounds of domestic institutional difficulties. Regional authorities that […]

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19. Mai 2015 | State Aid Uncovered von Phedon Nicolaides

Public Service Obligations: A Few More Mistakes that Can Be Avoided

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Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users only if access is open to all. Public funding for training to raise social awareness is still State aid if it relieves companies of […]

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12. Mai 2015 | State Aid Uncovered von Phedon Nicolaides

A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective

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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 […]

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