New State Aid Regulations

sign
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 the texts of the consolidated versions of Council Regulations 994/98 and 659/99. The new Regulations are numbered 2015/1588 and 2015/1589, respectively. The link to the Official Journal is here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:248:TOC

Do you know we also publish a journal on State aid?

EStAL banner
The European State Aid Law Quarterly is available online and in print, and our subscribers benefit from a reduced price for our events.

Tags

Über

Phedon Nicolaides

Dr. Nicolaides was educated in the United States, the Netherlands and the United Kingdom. He has a PhD in Economics and a PhD in Law. He is professor at the University of Maastricht and the University of Nicosia. He has published extensively on European integration, competition policy and State aid. He is also on the editorial boards of several journals. Dr. Nicolaides has organised seminars and workshops in many different Member States, and has acted as consultant to several public authorities.

Hinterlasse eine Antwort

Zusammenhängende Posts

09. Jan 2024
State Aid Uncovered von Phedon Nicolaides
National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid - State Aid Uncovered photos

National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid

Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid that it finds to be incompatible with the internal market. However, it may not order recovery of illegal aid – i.e. non-notified aid – until it assesses its compatibility with the internal market. By contrast, national courts have no competence to assess the compatibility of […]
02. Jan 2024
State Aid Uncovered von Phedon Nicolaides
Selectivity - State Aid Uncovered photos 1

Selectivity

Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases C-693/21 P and C-698/21 P, EDP España & Naturgy Energy Group v European Commission, faulted the Commission for failing to provide a sufficient explanation why a Spanish measure was selective in the meaning of Article 107(1) TFEU.1 According to the Court of Justice, the Commission […]
20. Jun 2023
State Aid Uncovered von Phedon Nicolaides
Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party” - Untitled design 3

Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”

Introduction This article reviews two recent judgments dealing with the concept of state resources and the meaning of “interested party”, respectively. State resources On 8 June 2023, the Court of Justice clarified, by its judgment in case C-50/21, Prestige and Limousine SL, that purely regulatory measures may confer and advantage without, however, granting State aid.1 The Court was responding to […]
20. Dez 2022
von Phedon Nicolaides
Compensation for Damage - State Aid Uncovered SM posts 2

Compensation for Damage

Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning compensation for damage caused by the covid-19 pandemic to rule, in case T-111/21, Ryanair v European Commission, that Member States were free to choose to whom to grant State aid.[1] Ryanair had sought the annulment of Commission decision SA.55373 concerning damage compensation to Croatia Airlines […]
18. Okt 2022
von Phedon Nicolaides
Public Authorities Acting as Private Investors - State Aid Uncovered SM posts 5

Public Authorities Acting as Private Investors

It is a well-established principle in the case law that when a public authority acts as a private investor, it must disregard all public policy objectives and its obligations as an arm of the state. Many judgments of EU courts and Commission decisions have examined in detail the various elements that underpin the reasoning of a private investor such as […]
03. Mai 2022
State Aid Uncovered von Phedon Nicolaides
The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants - State Aid Uncovered SM posts 4

The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants

The Commission must use its investigative powers to seek clarification from Member States in order for it to establish whether a measure constitutes State aid, or is compatible aid, or is existing aid. Introduction Complaints are an important source of information to the Commission. The possibility afforded to undertakings to lodge such complaints with the Commission is intended to dissuade […]
26. Apr 2022
State Aid Uncovered von Phedon Nicolaides
Member States Must Recover of their Own Initiative Illegally Granted Aid - State Aid Uncovered SM posts 3

Member States Must Recover of their Own Initiative Illegally Granted Aid

Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check […]
28. Dez 2021
State Aid Uncovered von Phedon Nicolaides

Illegal Aid Cannot be Regularised a Posteriori

A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision. Introduction In November 2021, the General Court rejected an appeal by the recipient of illegal aid who had asked the Commission to declare the aid compatible with the internal market even though the Member State concerned had […]
07. Dez 2021
State Aid Uncovered von Phedon Nicolaides
An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary - Blog 50 KV

An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary

Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify aid. Beneficiaries of non-notified aid may ask national courts to penalise the granting authorities. Introduction What should an undertaking do when it finds out that a public measure from which it has been benefitting contains State aid that has not been notified to the European […]
06. Okt 2020
State Aid Uncovered von Phedon Nicolaides
Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult - doors 1767564 1920

Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult

I am grateful to Péter Staviczky for comments on an earlier draft of this article. I am solely responsible for its contents. The European Commission retains its sole right to assess the compatibility of aid granted on the basis of the GBER. Criteria defined in national law need not be taken into account by the Commission. The SME status has […]