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

5. Oktober 2016 | Guest State Aid Blog von Erika Szyszczak

Article 263(4) TFEU: Third Party Challenges to State Aid Decisions

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We are happy to welcome back Prof Erika Szyszczak on the State Aid Blog today. She is Professor of Law and Fellow of the UK Trade Policy Observatory at University of Sussex and practising barrister and ADR mediator at Littleton Chambers, Temple, London. Today she shares her views on two cases that shed new light on third party rights to […]

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1. Oktober 2016 | von Lexxion Publisher

Court’s Diary – October 2016

Judge gavel with law books

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. Tuesday 11/10/2016 Judgment in Case T-167/14 – Søndagsavisen v Commission (General Court – First Chamber) Wednesday 12/10/2016 Judgment […]

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27. September 2016 | State Aid Uncovered von Phedon Nicolaides

Regional Aid for a Large Project subject to Individual Notification under the GBER

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In the meaning of regional aid rules, diversification in a “new activity” is not the same as diversification in a “new product”. A “new process innovation” must be different, in the sense of being distinct from an existing process, must be substantial, in the sense that it covers the whole production process and must be new, in the sense that […]

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20. September 2016 | State Aid Uncovered von Phedon Nicolaides

Non-State Aid Assistance to Depositors and Customers of Banks

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Public assistance to borrowers who cannot repay their loans does not constitute State aid if the beneficiaries are individuals. Public assistance to undertakings which cannot repay their loans does not constitute State aid if the amount of aid does not exceed the de minimis threshold. Any public funding of deposits which are transferred from ailing to healthy banks is not […]

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14. September 2016 | Guest State Aid Blog von Michał Bernat

Polish Green Certificates Held by the Commission to Be Compatible State Aid: a Curious Story Comes to an End

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We are happy to welcome Dr Michał Bernat on the State Aid Blog today. He is a legal and tax adviser and State aid expert at the Dentons offices in Warsaw. Today he shares his insights on a decision in a case involving Polish green certificates issued to producers of energy from renewable energy sources. Read on to learn more. […]

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13. September 2016 | State Aid Uncovered von Phedon Nicolaides

Burden-Sharing and State Aid to Banks

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Creditors must contribute to the recovery of banks before State aid is granted. Burden-sharing by creditors in the recovery of banks does not deprive them of their right to property. Introduction On 19 July 2016, the Court of Justice rendered its judgment in case C‑526/14, Tadej Kotnik and others v Državni zbor Republike Slovenije.[1] The judgment was in response to a […]

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6. September 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part III – Trade Effect, Distortion of Competition and Infrastructure

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This is the third and last article in a series of three that reviews the Commission’s Notice on the Notion of State Aid.* Last week’s article analysed the concepts of advantage and selectivity. This week the focus is on the last two constituent elements of the notion of State aid: affectation of cross-border trade and distortion of competition. This article […]

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

Court’s Diary – September 2016

Judge gavel with law books

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. Wednesday 14/09/2016 Judgment in Case T-57/15 – Trajektna luka Split v Commission (General Court – Seventh Chamber) […]

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30. August 2016 | State Aid Uncovered von Phedon Nicolaides

Commission Notice on the Notion of State Aid: Part II – Advantage and Selectivity

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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 […]

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23. August 2016 | State Aid Uncovered von Phedon Nicolaides

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

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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 […]

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13. Oktober 2015 | State Aid Uncovered von Phedon Nicolaides

A Primer on Compensation for the Extra Costs of Public Service Obligations Taking into Account Efficiency Gains

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When Member States impose PSOs they are never allowed to grant even a single euro in excess of the net extra costs of the PSO. That is prohibited for the simple reason that it results in over-compensation. Introduction The Lexxion seminar on state aid for transport and transport infrastructure that took place in Brussels on 21-22 September (view […]

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5. Oktober 2015 | State Aid Uncovered von Phedon Nicolaides

The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights

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In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to recover a debt owed to it by a company that faced financial difficulties. The question was whether Latvia acted as a private creditor when it allowed the debtor to continue operations. […]

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29. September 2015 | State Aid Uncovered von Phedon Nicolaides

Airport Infrastructure, Public Remit and the MEOT

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A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the state is not state aid. When a public authority defines the activities that fall within the […]

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25. September 2015 | State Aid Uncovered von Phedon Nicolaides

New State Aid Regulations

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Regulation 2015/1589 is the new procedural regulation. It lays down the rules for, among other things, notification of state aid, formal investigation, injunctions and recovery of incompatible aid. Because of its importance in the EU system of state aid control, it will be fully reviewed at a forthcoming article. In the Official Journal of 24 September 2015 you will find […]

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22. September 2015 | State Aid Uncovered von Phedon Nicolaides

The Pricing of Access to an Important Project of Common European Interest

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Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State aid must be necessary and proportional even if access fees are regulated. Introduction This article examines Commission decision SA.39078 concerning the Fehmarn belt fixed link in Denmark.[1] This […]

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15. September 2015 | State Aid Uncovered von Phedon Nicolaides

Compensation for Public Service Obligations and Compensation for Damage

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Compensation for public service obligations is compatible with the internal market when, at minimum, a PSO is well defined in an entrustment constituting an official act of a public authority, the revenues and costs of the PSO are clearly identified and separated from other commercial activities and the compensation does not exceed the net extra costs of the PSO. Compensation […]

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8. September 2015 | State Aid Uncovered von Phedon Nicolaides

Services of General Economic Interest: How to Compensate and Induce more Efficiency

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Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces them to become more efficient. Introduction This article examines case Commission decision SA.38788 concerning compensation for the UK Post Office Ltd [POL] in the period 2015-18.[1] It is […]

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2. September 2015 | State Aid Uncovered von Phedon Nicolaides

When Do Public Pronouncements Confer an Advantage to Undertakings?

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Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction[1] Politicians often claim that they would never allow important national companies to go bust. Occasionally, such claims appear to sway market sentiment in favour of those companies. Private investors are heartened by the avowed support of the […]

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25. August 2015 | State Aid Uncovered von Phedon Nicolaides

The Challenge of Calculating a Market Price

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The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und -verwaltungs GmbH [BVVG] v Landkreis Jerichower Land in Germany.[1] The judgment was in response to a request for a preliminary ruling concerning a dispute […]

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18. August 2015 | State Aid Uncovered von Phedon Nicolaides

Why Do some Member States Offer so much Fiscal Aid?

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Member States differ significantly in their propensity to grant fiscal aid. Introduction Interest in fiscal aid has been rekindled recently by two unrelated events. First, the Commission opened a number of investigations on the alleged special tax treatment accorded to multinational companies such as Apple and Starbucks. These investigations are believed to be almost completed and the Commission is […]

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