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 ×

29. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Measure the Damage Caused by an Exceptional Occurrence
State Aid Blogs - State Aid Uncovered photos 61
On 25 June 2025, the General Court, in case T‑366/22, Ryanair v Commission, dismissed the action brought by Ryanair seeking the annulment of Commission decision SA.56867.[1] That decision authorised compensation under Article 107(2)(b) TFEU for damage suffered by the German airline Condor as a result of the covid-19 pandemic. However, Condor had been in financial trouble long before the outbreak of the […]
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Keine Kommentare
22. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

The Principles of Legal Certainty and Protection of Legitimate Expectations
State Aid Blogs - State Aid Uncovered photos 60
Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
Mehr lesen
Keine Kommentare
15. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Deductions from the Tax Base Are not Necessarily Selective
State Aid Blogs - State Aid Uncovered photos 59
Introduction Member States may design their tax system as they wish, as long as they conform with State aid rules. Tax systems do not only contain taxes but also exceptions from taxes or tax bases. Exceptions that apply to any tax payer are not selective in the meaning of Article 107(1) TFEU. For example, deduction from taxable income of the […]
Mehr lesen
Keine Kommentare
8. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

A Finnish Tax on Sugary Drinks is not Selective
State Aid Blogs - State Aid Uncovered photos 58
Introduction Several Member States have taxed or want to tax soft drinks with added sugar. They are one of the causes of obesity without having any nutritional value. The problem is how to tax the sugary drinks without the tax being considered as State aid for the drinks that are not taxed. A recent measure implemented by Finland provides guidance […]
Mehr lesen
Keine Kommentare
1. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Commission Approves State Aid after a Project Has Started
State Aid Blogs - State Aid Uncovered photos 57
Introduction A fundamental rule of State aid is that no aid may be granted after a project has already started. This rule is repeated in every Commission regulation or set of guidelines. Aid to a project that has already started lacks incentive effect and as such it is a pure waste of public money. However, in December 2022, the Court […]
Mehr lesen
Keine Kommentare
24. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Infrastructure
State Aid Blogs - State Aid Uncovered photos 56
Introduction Normally, each weekly article reviews just one court judgment or Commission decision. This article deviates from normal practice. It reviews three recent Commission decisions on three different French measures of support of port infrastructure: SA.115739: Direct inland waterway access to Port of Le Havre [April 2025][1] SA.113270: Investment aid to the port of Dunkirk [December 2025][2] SA.111060: Modernisation of […]
Mehr lesen
Keine Kommentare
17. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Coverage of Losses of a State-Owned Company
State Aid Blogs - State Aid Uncovered photos 55
Introduction Eu law does not prohibit states from owning or investing in companies [see Article 345 TFEU]. This means that when the state, as owner, makes payments to the companies it owns or loses part of its capital as a result of commercial losses, it does not grant to them State aid if such payments are mandated by law and […]
Mehr lesen
Keine Kommentare
10. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Calculate the Amount of Compensation of SGEI Providers: The Case of Distribution of Newspapers and Periodicals by Belgium’s bpost
State Aid Blogs - State Aid Uncovered photos 54
Introduction Public funding that offsets costs incurred as a result of compliance with legal obligations constitutes State aid, if all of the criteria of Article 107(1) TFEU are satisfied. The fact that the purpose of the aid is to offset higher than otherwise costs is irrelevant. However, Article 106(2) TFEU allows Member States to grant State aid to compensate for […]
Mehr lesen
Keine Kommentare
3. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

When Does Existing Aid Become New Aid?
State Aid Blogs - State Aid Uncovered photos 53
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. Changes to already authorised schemes that do not alter their nature or significantly increase their amounts do not need to be notified as they are considered to be existing aid. Article 4(1) of Regulation 794/2004 explains that “an alteration to existing aid shall mean any […]
Mehr lesen
Keine Kommentare
27. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
State Aid Blogs - State Aid Uncovered photos 52
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to undertakings without that measure constituting State aid. This is the case, for example, when the measure is not selective or does not affect trade between Member States. A public measure may also escape being classified as State aid when it is a regulatory act. Normally, […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

29. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Measure the Damage Caused by an Exceptional Occurrence
State Aid Blogs - State Aid Uncovered photos 61
On 25 June 2025, the General Court, in case T‑366/22, Ryanair v Commission, dismissed the action brought by Ryanair seeking the annulment of Commission decision SA.56867.[1] That decision authorised compensation under Article 107(2)(b) TFEU for damage suffered by the German airline Condor as a result of the covid-19 pandemic. However, Condor had been in financial trouble long before the outbreak of the […]
Mehr lesen
Keine Kommentare
22. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

The Principles of Legal Certainty and Protection of Legitimate Expectations
State Aid Blogs - State Aid Uncovered photos 60
Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
Mehr lesen
Keine Kommentare
15. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Deductions from the Tax Base Are not Necessarily Selective
State Aid Blogs - State Aid Uncovered photos 59
Introduction Member States may design their tax system as they wish, as long as they conform with State aid rules. Tax systems do not only contain taxes but also exceptions from taxes or tax bases. Exceptions that apply to any tax payer are not selective in the meaning of Article 107(1) TFEU. For example, deduction from taxable income of the […]
Mehr lesen
Keine Kommentare
8. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

A Finnish Tax on Sugary Drinks is not Selective
State Aid Blogs - State Aid Uncovered photos 58
Introduction Several Member States have taxed or want to tax soft drinks with added sugar. They are one of the causes of obesity without having any nutritional value. The problem is how to tax the sugary drinks without the tax being considered as State aid for the drinks that are not taxed. A recent measure implemented by Finland provides guidance […]
Mehr lesen
Keine Kommentare
1. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Commission Approves State Aid after a Project Has Started
State Aid Blogs - State Aid Uncovered photos 57
Introduction A fundamental rule of State aid is that no aid may be granted after a project has already started. This rule is repeated in every Commission regulation or set of guidelines. Aid to a project that has already started lacks incentive effect and as such it is a pure waste of public money. However, in December 2022, the Court […]
Mehr lesen
Keine Kommentare
24. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Infrastructure
State Aid Blogs - State Aid Uncovered photos 56
Introduction Normally, each weekly article reviews just one court judgment or Commission decision. This article deviates from normal practice. It reviews three recent Commission decisions on three different French measures of support of port infrastructure: SA.115739: Direct inland waterway access to Port of Le Havre [April 2025][1] SA.113270: Investment aid to the port of Dunkirk [December 2025][2] SA.111060: Modernisation of […]
Mehr lesen
Keine Kommentare
17. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Coverage of Losses of a State-Owned Company
State Aid Blogs - State Aid Uncovered photos 55
Introduction Eu law does not prohibit states from owning or investing in companies [see Article 345 TFEU]. This means that when the state, as owner, makes payments to the companies it owns or loses part of its capital as a result of commercial losses, it does not grant to them State aid if such payments are mandated by law and […]
Mehr lesen
Keine Kommentare
10. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Calculate the Amount of Compensation of SGEI Providers: The Case of Distribution of Newspapers and Periodicals by Belgium’s bpost
State Aid Blogs - State Aid Uncovered photos 54
Introduction Public funding that offsets costs incurred as a result of compliance with legal obligations constitutes State aid, if all of the criteria of Article 107(1) TFEU are satisfied. The fact that the purpose of the aid is to offset higher than otherwise costs is irrelevant. However, Article 106(2) TFEU allows Member States to grant State aid to compensate for […]
Mehr lesen
Keine Kommentare
3. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

When Does Existing Aid Become New Aid?
State Aid Blogs - State Aid Uncovered photos 53
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. Changes to already authorised schemes that do not alter their nature or significantly increase their amounts do not need to be notified as they are considered to be existing aid. Article 4(1) of Regulation 794/2004 explains that “an alteration to existing aid shall mean any […]
Mehr lesen
Keine Kommentare
27. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
State Aid Blogs - State Aid Uncovered photos 52
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to undertakings without that measure constituting State aid. This is the case, for example, when the measure is not selective or does not affect trade between Member States. A public measure may also escape being classified as State aid when it is a regulatory act. Normally, […]
Mehr lesen
Keine Kommentare
Nächste Seite »

State Aid Uncovered ×

29. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Measure the Damage Caused by an Exceptional Occurrence
State Aid Blogs - State Aid Uncovered photos 61
On 25 June 2025, the General Court, in case T‑366/22, Ryanair v Commission, dismissed the action brought by Ryanair seeking the annulment of Commission decision SA.56867.[1] That decision authorised compensation under Article 107(2)(b) TFEU for damage suffered by the German airline Condor as a result of the covid-19 pandemic. However, Condor had been in financial trouble long before the outbreak of the […]
Mehr lesen
Keine Kommentare
22. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

The Principles of Legal Certainty and Protection of Legitimate Expectations
State Aid Blogs - State Aid Uncovered photos 60
Introduction The Commission, like all EU institutions, must respect the principles of legal certainty and protection of legitimate expectations. In the field of State aid, those principles mean, among other things, that in practice the Commission cannot reopen a State aid case if there is no change in the measure in question. On 26 June 2025, the Court of Justice […]
Mehr lesen
Keine Kommentare
15. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Deductions from the Tax Base Are not Necessarily Selective
State Aid Blogs - State Aid Uncovered photos 59
Introduction Member States may design their tax system as they wish, as long as they conform with State aid rules. Tax systems do not only contain taxes but also exceptions from taxes or tax bases. Exceptions that apply to any tax payer are not selective in the meaning of Article 107(1) TFEU. For example, deduction from taxable income of the […]
Mehr lesen
Keine Kommentare
8. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

A Finnish Tax on Sugary Drinks is not Selective
State Aid Blogs - State Aid Uncovered photos 58
Introduction Several Member States have taxed or want to tax soft drinks with added sugar. They are one of the causes of obesity without having any nutritional value. The problem is how to tax the sugary drinks without the tax being considered as State aid for the drinks that are not taxed. A recent measure implemented by Finland provides guidance […]
Mehr lesen
Keine Kommentare
1. Juli 2025  |   State Aid Uncovered von Phedon Nicolaides

Commission Approves State Aid after a Project Has Started
State Aid Blogs - State Aid Uncovered photos 57
Introduction A fundamental rule of State aid is that no aid may be granted after a project has already started. This rule is repeated in every Commission regulation or set of guidelines. Aid to a project that has already started lacks incentive effect and as such it is a pure waste of public money. However, in December 2022, the Court […]
Mehr lesen
Keine Kommentare
24. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Public Support for Infrastructure
State Aid Blogs - State Aid Uncovered photos 56
Introduction Normally, each weekly article reviews just one court judgment or Commission decision. This article deviates from normal practice. It reviews three recent Commission decisions on three different French measures of support of port infrastructure: SA.115739: Direct inland waterway access to Port of Le Havre [April 2025][1] SA.113270: Investment aid to the port of Dunkirk [December 2025][2] SA.111060: Modernisation of […]
Mehr lesen
Keine Kommentare
17. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

Coverage of Losses of a State-Owned Company
State Aid Blogs - State Aid Uncovered photos 55
Introduction Eu law does not prohibit states from owning or investing in companies [see Article 345 TFEU]. This means that when the state, as owner, makes payments to the companies it owns or loses part of its capital as a result of commercial losses, it does not grant to them State aid if such payments are mandated by law and […]
Mehr lesen
Keine Kommentare
10. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

How to Calculate the Amount of Compensation of SGEI Providers: The Case of Distribution of Newspapers and Periodicals by Belgium’s bpost
State Aid Blogs - State Aid Uncovered photos 54
Introduction Public funding that offsets costs incurred as a result of compliance with legal obligations constitutes State aid, if all of the criteria of Article 107(1) TFEU are satisfied. The fact that the purpose of the aid is to offset higher than otherwise costs is irrelevant. However, Article 106(2) TFEU allows Member States to grant State aid to compensate for […]
Mehr lesen
Keine Kommentare
3. Juni 2025  |   State Aid Uncovered von Phedon Nicolaides

When Does Existing Aid Become New Aid?
State Aid Blogs - State Aid Uncovered photos 53
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. Changes to already authorised schemes that do not alter their nature or significantly increase their amounts do not need to be notified as they are considered to be existing aid. Article 4(1) of Regulation 794/2004 explains that “an alteration to existing aid shall mean any […]
Mehr lesen
Keine Kommentare
27. Mai 2025  |   State Aid Uncovered von Phedon Nicolaides

Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
State Aid Blogs - State Aid Uncovered photos 52
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to undertakings without that measure constituting State aid. This is the case, for example, when the measure is not selective or does not affect trade between Member States. A public measure may also escape being classified as State aid when it is a regulatory act. Normally, […]
Mehr lesen
Keine Kommentare
Nächste Seite »

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