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 ×

16. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
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9. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
Mehr lesen
Keine Kommentare
2. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
Mehr lesen
Keine Kommentare
25. November 2025  |   State Aid Uncovered von Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
Mehr lesen
Keine Kommentare
18. November 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
Mehr lesen
Keine Kommentare
10. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
Mehr lesen
Keine Kommentare
4. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The Commission Must Examine the Presence and Compatibility of Indirect State Aid
State Aid Blogs - State Aid Uncovered photos 74
Introduction  The Commission, in its 2016 Notice on the Notion of State Aid, made an important distinction between “indirect” beneficiaries and “secondary” beneficiaries of state aid. All state aid measures have secondary effects for the simple reason that direct aid recipients do not function in isolation from the rest of the economy. When they spend the aid they receive, third […]
Mehr lesen
Keine Kommentare
28. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Acts such as the Granting of Betting Rights May Not Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 73
Introduction Regulatory acts that confer a selective advantage without involving any transfer of state resources do not constitute State Aid. As is well established in the case law, Member States do not need to maximise revenue from granting licences, permits or authorisations when they act as regulators. Such licences, permits or authorisations may even be granted for free. Therefore, when […]
Mehr lesen
Keine Kommentare
21. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid for Decarbonisation of Steel Works
State Aid Blogs - Your paragraph text 1
Introduction  The decarbonisation of industry receives the second largest amount of environmental aid after reduction of environmental and energy taxes. Across different industrial sectors, the decarbonisation of steel production has probably attracted the largest amount of aid.  Recently, Sweden notified an individual measure to support investment in decarbonisation at SSAB, a steel manufacturer. The measure was approved by the Commission […]
Mehr lesen
Keine Kommentare
14. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Extra Costs of Public Service Obligations
State Aid Blogs - State Aid Uncovered photos 72
Introduction On 3 September 2025, the General Court, in its judgment in case T‑784/22, Zásilkovna v Commission, provided useful guidance on the calculation of the compensation for the extra costs incurred by providers of Services of General Economic Interest [SGEI].[1] Zásilkovna sought the annulment of Commission decision 2023/232 concerning State aid SA.55208 implemented by the Czech Republic for Czech Post. […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

16. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
Mehr lesen
Keine Kommentare
9. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
Mehr lesen
Keine Kommentare
2. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
Mehr lesen
Keine Kommentare
25. November 2025  |   State Aid Uncovered von Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
Mehr lesen
Keine Kommentare
18. November 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
Mehr lesen
Keine Kommentare
10. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
Mehr lesen
Keine Kommentare
4. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The Commission Must Examine the Presence and Compatibility of Indirect State Aid
State Aid Blogs - State Aid Uncovered photos 74
Introduction  The Commission, in its 2016 Notice on the Notion of State Aid, made an important distinction between “indirect” beneficiaries and “secondary” beneficiaries of state aid. All state aid measures have secondary effects for the simple reason that direct aid recipients do not function in isolation from the rest of the economy. When they spend the aid they receive, third […]
Mehr lesen
Keine Kommentare
28. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Acts such as the Granting of Betting Rights May Not Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 73
Introduction Regulatory acts that confer a selective advantage without involving any transfer of state resources do not constitute State Aid. As is well established in the case law, Member States do not need to maximise revenue from granting licences, permits or authorisations when they act as regulators. Such licences, permits or authorisations may even be granted for free. Therefore, when […]
Mehr lesen
Keine Kommentare
21. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid for Decarbonisation of Steel Works
State Aid Blogs - Your paragraph text 1
Introduction  The decarbonisation of industry receives the second largest amount of environmental aid after reduction of environmental and energy taxes. Across different industrial sectors, the decarbonisation of steel production has probably attracted the largest amount of aid.  Recently, Sweden notified an individual measure to support investment in decarbonisation at SSAB, a steel manufacturer. The measure was approved by the Commission […]
Mehr lesen
Keine Kommentare
14. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Extra Costs of Public Service Obligations
State Aid Blogs - State Aid Uncovered photos 72
Introduction On 3 September 2025, the General Court, in its judgment in case T‑784/22, Zásilkovna v Commission, provided useful guidance on the calculation of the compensation for the extra costs incurred by providers of Services of General Economic Interest [SGEI].[1] Zásilkovna sought the annulment of Commission decision 2023/232 concerning State aid SA.55208 implemented by the Czech Republic for Czech Post. […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

16. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Services Inextricably Linked to the Functions of the State
State Aid Blogs - State Aid Uncovered photos 87
Introduction  There are many cases where recipients of public subsidies perform non-economic activities and, therefore, those subsidies do not constitute state aid in the meaning of Article 107(1) TFEU. By contrast, there are only a handful of cases where activities that are normally economic in nature become non-economic because they are inextricably linked to a function reserved for the state or the […]
Mehr lesen
Keine Kommentare
9. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation to the Operator of a Canal Lock that Provides Free Services May Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 86
Introduction State aid rules are often perceived as straightjacket on Member State policies. Yet, the fundamental logic of the criteria used by the Commission and endorsed by EU courts to determine the compatibility of state aid force Member States to ask, at minimum, why they intervene, what is the most appropriate method of intervention and how much money is required […]
Mehr lesen
Keine Kommentare
2. Dezember 2025  |   State Aid Uncovered von Phedon Nicolaides

Arbitration Decision that is Free of State Aid
State Aid Blogs - State Aid Uncovered photos 82
Introduction Some cases seem to run forever. In 1960, Dimosia Epicheirisi Ilektrismou [DEI], the then sole supplier of electricity in Greece, entered into an agreement with Alouminion, an aluminium smelter, to provide electricity at preferential rates. The agreement expired in 2006. However, DEI and Alouminion, and its successor Mytilinaios and now Metlen, were not able to agree on a new […]
Mehr lesen
Keine Kommentare
25. November 2025  |   State Aid Uncovered von Phedon Nicolaides

Judicial Challenges to Recovery of Incompatible State Aid do not Prove that Recovery is Absolutely Impossible
State Aid Blogs - State Aid Uncovered photos 81
Introduction Member States can, in theory, escape from the obligation to recover state aid that the Commission has found to be incompatible with the internal market if they can demonstrate that it is absolutely impossible. When they appear before the Court of Justice of the EU [CJEU] for failing to recover incompatible aid, they always claim but rarely succeed to […]
Mehr lesen
Keine Kommentare
18. November 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid to Support an Intermodal Terminal whose Development Had Already Started
State Aid Blogs - State Aid Uncovered photos 78
Introduction State aid that is granted after the start of works lacks incentive effect and cannot be compatible with the internal market. However, state aid may enable the expansion of a project that has already started. The aid may be compatible if the expansion was not foreseen when the project was launched and if the subsidised costs are different from […]
Mehr lesen
Keine Kommentare
10. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The First State Aid Measure Approved under CISAF: Lots of Presumptions
State Aid Blogs - State Aid Uncovered photos 77
Introduction This article reviews one of the first Commission decisions authorising state aid under the new Clean Industry State Aid Framework [CISAF]. It concerns an Italian measure that was originally notified to the Commission under the Temporary Crisis and Transition Framework, but then re-notified in July 2025 under CISAF after CISAF was adopted by the Commission in June 2025. The […]
Mehr lesen
Keine Kommentare
4. November 2025  |   State Aid Uncovered von Phedon Nicolaides

The Commission Must Examine the Presence and Compatibility of Indirect State Aid
State Aid Blogs - State Aid Uncovered photos 74
Introduction  The Commission, in its 2016 Notice on the Notion of State Aid, made an important distinction between “indirect” beneficiaries and “secondary” beneficiaries of state aid. All state aid measures have secondary effects for the simple reason that direct aid recipients do not function in isolation from the rest of the economy. When they spend the aid they receive, third […]
Mehr lesen
Keine Kommentare
28. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Regulatory Acts such as the Granting of Betting Rights May Not Constitute State Aid
State Aid Blogs - State Aid Uncovered photos 73
Introduction Regulatory acts that confer a selective advantage without involving any transfer of state resources do not constitute State Aid. As is well established in the case law, Member States do not need to maximise revenue from granting licences, permits or authorisations when they act as regulators. Such licences, permits or authorisations may even be granted for free. Therefore, when […]
Mehr lesen
Keine Kommentare
21. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

State Aid for Decarbonisation of Steel Works
State Aid Blogs - Your paragraph text 1
Introduction  The decarbonisation of industry receives the second largest amount of environmental aid after reduction of environmental and energy taxes. Across different industrial sectors, the decarbonisation of steel production has probably attracted the largest amount of aid.  Recently, Sweden notified an individual measure to support investment in decarbonisation at SSAB, a steel manufacturer. The measure was approved by the Commission […]
Mehr lesen
Keine Kommentare
14. Oktober 2025  |   State Aid Uncovered von Phedon Nicolaides

Compensation for the Net Extra Costs of Public Service Obligations
State Aid Blogs - State Aid Uncovered photos 72
Introduction On 3 September 2025, the General Court, in its judgment in case T‑784/22, Zásilkovna v Commission, provided useful guidance on the calculation of the compensation for the extra costs incurred by providers of Services of General Economic Interest [SGEI].[1] Zásilkovna sought the annulment of Commission decision 2023/232 concerning State aid SA.55208 implemented by the Czech Republic for Czech Post. […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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