Mihalis Kekelekis

European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 291 - 294

The notion of existing aid has a huge importance in State aid control. Procedural rules for existing aid differ from those regarding new aid. The consequence of granting new or existing aid is also different: from recovery to a proposal to adopt appropriate measures and modify the scheme. As other notions in the State aid field, despite its importance, the notion of existing aid is still evolving by the case-law of the EU courts. This should be an objective concept but as this judgment reveals, it may also be influenced by a subjective analysis regarding State aid compatibility. This judgment also clarifies the role of national courts in the State aid field. National courts must not only serve as guarantors of the direct effect of Article 108(3) TFEU but also as potential aid granting authorities. Keywords: Existing Aid; New Aid; Recovery; Duration; Alteration of an Existing Aid; National Courts; Notification.

María Muñoz de Juan, Mihalis Kekelekis

European State Aid Law Quarterly, Volume 14 (2015), Issue 2, Page 280 - 283

This judgment provides relevant clarifications on the effects of the extension of the duration of an existing aid measure. The General Court concludes that the mere extension of the duration of an existing aid measure does not render the measure new aid. Still it has to be verified if such an extension modifies the conditions and terms of the original existing aid measure. In addition, in the context of the present judgement, the Annotation sheds some light and discusses the legal implications, if any, of the separate appeal case brought before the Court of Justice (Court) by the European Commission against Greece for failing to fulfil its obligations. Keywords: Electricity, Existing aid, Failure to fulfil obligations, New aid, Recovery order

Ketill Einarsson, Mihalis Kekelekis

European State Aid Law Quarterly, Volume 14 (2015), Issue 1, Page 130 - 142

This Article deals with procedural delays encountered during the preliminary examination of State aid cases. The main emphasis is on delays in notified cases as well as complaints, and a comparison is drawn. Some light is also shed on delays in existing aid procedures. The Article draws from extensive case law which demonstrates both the importance of adopting decisions within a reasonable time as well as the extent to which procedural delays can be justified. Finally, in light of the initiatives brought about by the State Aid Modernisation, the article provides some suggestions on how to improve the decision-making process in State aid cases and put an end to long procedural delays. Keywords: Administrative decisions, GBER, Length of investigation, Procedure before the Commission, Procedural delays, Procedural Regulation, SAM.

Mihalis Kekelekis

European State Aid Law Quarterly, Volume 11 (2012), Issue 1, Page 73 - 83

I. Introduction Aid to companies entrusted with public service obligations (PSO) has become an issue of controversy for many years. The Altmark ruling, however, has provided guidance in a case that involved aid granted to companies required by law to provide public transport services. This ruling laid down four cumulative criteria in order for compensation for PSO not to constitute State aid and thus be exempt from the notification requirement of

Mihalis Kekelekis

European State Aid Law Quarterly, Volume 10 (2011), Issue 3, Page 433 - 444

I. Introduction There is no standard definition of infrastructure across EU legislation or in the jurisprudence. In the context of the application of the EU rules on competition, the Commission until recently was of the view that infrastructure projects financed by the public sector represent a general measure of economic policy which cannot be controlled under the Treaty rules on State aid, in so far as it is aimed at meeting planning needs or implem

Mihalis Kekelekis, Ioana Eleonora Rusu

European State Aid Law Quarterly, Volume 8 (2009), Issue 4, Page 7

EStAL 4|2009 Régie Networks v Direction de contrôle fiscal Rhône-Alpes Bourgogne: Annotation 569 I. Introduction In this case the Court dealt with the issue of financing small French radio stations by a parafiscal charge on advertising companies. The Commission had declared this measure, and its modified versions, compatible with the common market. The measure, however, after many years of being implemented came before the national court, which had to

Mihalis Kekelekis

European State Aid Law Quarterly, Volume 7 (2008), Issue 1, Page 16

I. Introduction Regulation (EC) No 70/20011 (hereinafter the „SME Regulation“) exempts Member States from the notification obligation of Article 88(3) EC and under certain conditions allows State aid to small and medium-sized enterprises (hereinafter „SME“). The SME Regulation principally applies to aid measures granted to SMEs in all sectors. However, as Article 1 provides, it is disapplied in the agriculture and fisheries sectors and the coal sector

Phedon Nicolaides, Maria Kleis, Mihalis Kekelekis

European State Aid Law Quarterly, Volume 7 (2008), Issue 1, Page 7

I. Introduction Article 87(1) of the EC Treaty declares any form of State aid to be incompatible with the common market. This incompatibility effectively means that any public measure that satisfies the criteria laid down in Article 87(1) is in principle prohibited unless it can qualify for one of the exceptions allowed by the Treaty, primarily in Article 87(2)&(3). Commission Regulation 1998/2006 of 15 December 2006 on the application of Articles 87

Mihalis Kekelekis

European State Aid Law Quarterly, Volume 7 (2008), Issue 1, Page 5

I. Introduction Asking this question might provoke some opposite reactions within the State aid community. Those familiar with the jurisprudence of the Courts and the Commission’s practice will rightly say that aid for theatres may, like any other type of aid, at least potentially, have an effect on trade between Member States. In the absence of an appreciability criterion – leaving the de minimis-rule aside – the effect on trade, under the current st

Phedon Nicolaides, Mihalis Kekelekis

European State Aid Law Quarterly, Volume 4 (2005), Issue 1, Page 17