Lexxion Publisher

21/08/2025

𝐂𝐚𝐥𝐥 𝐟𝐨𝐫 𝐏𝐚𝐩𝐞𝐫𝐬 – 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐈𝐬𝐬𝐮𝐞 - 𝐄𝐇𝐏𝐋

𝐓𝐡𝐞 𝐄𝐮𝐫𝐨𝐩𝐞𝐚𝐧 𝐇𝐞𝐚𝐥𝐭𝐡 𝐃𝐚𝐭𝐚 𝐒𝐩𝐚𝐜𝐞: 𝐅𝐮𝐧𝐝𝐚𝐦𝐞𝐧𝐭𝐚𝐥 𝐑𝐢𝐠𝐡𝐭𝐬, 𝐌𝐚𝐫𝐤𝐞𝐭 𝐈𝐧𝐭𝐞𝐠𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐇𝐞𝐚𝐥𝐭𝐡 𝐆𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞

On 26 March 2025, Regulation (EU) 2025/327 on the European Health Data Space (EHDS) entered into force. As part of the European Digital Strategy, the EHDS is the first common European data space dedicated to a specific sector and a cornerstone of the European Health Union.

The EHDS combines two ambitious objectives: enabling citizens to control their electronic health data while facilitating the reuse of such data for research, innovation, public health, and policy-making. This duality raises important constitutional and regulatory tensions concerning fundamental rights, market integration and digital health governance.

𝐖𝐞 𝐢𝐧𝐯𝐢𝐭𝐞 𝐜𝐨𝐧𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐨𝐧𝐬 𝐚𝐝𝐝𝐫𝐞𝐬𝐬𝐢𝐧𝐠 𝐭𝐡𝐞𝐬𝐞 𝐢𝐬𝐬𝐮𝐞𝐬, 𝐢𝐧𝐜𝐥𝐮𝐝𝐢𝐧𝐠:
🔹 Fundamental rights and data protection
🔹 Governance models and EU competences
🔹 National adaptation challenges
🔹 Public trust, legitimacy, and ethical concerns
🔹 Cross-border and global dimensions
🔹 Innovation, competition, and intellectual property

📝 Original research papers, country reports, practical insights, and critical commentary are welcome.

📅 Deadline: 31 January 2026
✉️ [email protected]
🔗 Guidelines: www.lexxion.eu/ehpl-authors

Guest Editor: Prof. Dr. Claudia Seitz (IEIL, UFL Liechtenstein)

𝐂𝐡𝐞𝐜𝐤 𝐭𝐡𝐞 𝐟𝐮𝐥𝐥 𝐝𝐞𝐭𝐚𝐢𝐥𝐬: https://www.lexxion.eu/ehpl-special-issue-cfp_european-health-data-space/

19/08/2025

🔔 NEW STATE AID BLOG POST:

The date on which State aid is deemed to have been granted is a critical issue when aid is found to be incompatible with the internal market and has to be recovered. It is also critical when an approved aid scheme expires after the application for aid is submitted but before the aid is granted.

On 3 July 2025, the Court of Justice of the EU [CJEU], in case C-653/23, TOODE SIA, provided an answer to a Latvian court concerning the interpretation of Article 107(1) TFEU and Article 1(b)(ii) of Regulation 2015/1589 [the procedural regulation] clarifying whether aid applied for but not granted before the expiry of a scheme could still be granted. Article 1(b)(ii) defines the concept of existing aid.

TOODE applied for aid from a scheme that had been approved by the Commission under the then Temporary Framework to combat covid-19. However, the Latvian tax authorities refused to grant the aid to support TOODE’s working capital during the pandemic. The referring Latvian court wanted to know when State aid is deemed to be granted. The decision of the Latvian tax authorities to reject the aid application was appealed by TOODE and a Latvian court annulled the decision. Then, when TOODE became eligible for the aid, the approved aid scheme had had already expired ...

Read the full blog post here: https://loom.ly/ksyN47o

All 2024 articles are now available within the same covers! Order the State Aid Uncovered 2024 book in our online store: https://loom.ly/2m4d5Ew

𝐒𝐭𝐚𝐲 𝐢𝐧 𝐭𝐡𝐞 𝐤𝐧𝐨𝐰 and 𝐬𝐮𝐛𝐬𝐜𝐫𝐢𝐛𝐞 to our 𝐛𝐥𝐨𝐠 𝐚𝐥𝐞𝐫𝐭𝐬 𝐭𝐨 𝐠𝐞𝐭 𝐮𝐩𝐝𝐚𝐭𝐞𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐥𝐚𝐭𝐞𝐬𝐭 𝐛𝐥𝐨𝐠 𝐩𝐨𝐬𝐭𝐬: https://loom.ly/ZtQiNLg

13/08/2025

𝗔𝗯𝗳𝗮𝗹𝗹𝗥 – 𝗭𝗲𝗶𝘁𝘀𝗰𝗵𝗿𝗶𝗳𝘁 𝗳𝘂̈𝗿 𝗱𝗮𝘀 𝗥𝗲𝗰𝗵𝘁 𝗱𝗲𝗿 𝗞𝗿𝗲𝗶𝘀𝗹𝗮𝘂𝗳𝘄𝗶𝗿𝘁𝘀𝗰𝗵𝗮𝗳𝘁

Bereits seit dem Jahr 2002 berichtet die Zeitschrift AbfallR ausschließlich über das Thema Abfallrecht und hat sich damit als das Forum für die Praktiker der Entsorgungswirtschaft etabliert.

Sind Sie mit einem aktuellen Thema im Bereich des Abfallrechts oder angrenzender Rechtsgebiete befasst, über das Sie gerne schreiben würden? AbfallR freut sich über Ihre Beitragsvorschläge.

Neben Fachbeiträgen sind auch Urteilsanmerkungen oder kürzere Praxishinweise zu wesentlichen Entscheidungen willkommen.

Haben wir Ihr Interesse geweckt? Dann kontaktieren Sie uns gerne.

Bitte beachten Sie unsere Autorenhinweise unter: https://loom.ly/zRWvO6U

12/08/2025

🔔 NEW STATE AID BLOG POST: 𝐋𝐢𝐧𝐤𝐞𝐝 𝐄𝐧𝐭𝐞𝐫𝐩𝐫𝐢𝐬𝐞𝐬 𝐭𝐡𝐫𝐨𝐮𝐠𝐡 𝐑𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩𝐬 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐍𝐚𝐭𝐮𝐫𝐚𝐥 𝐏𝐞𝐫𝐬𝐨𝐧𝐬

A perennial issue facing aid-granting authorities is whether the aid applicants are SMEs. A mis-assessment of the SME status can have dire consequences as demonstrated by a Commission decision in May 2025 concerning State aid granted by Germany to sawmill Abalon Hardwood Hessen [AHH] [SA.24030]. The Commission found the aid to be incompatible with the internal market and ordered Germany to recover it [the Commission decision is not yet published in the Official Journal].

In 2007 Germany notified to the Commission two state guarantees and other measures in favour of AHH. The Commission decided in 2008 that the two guarantees did not constitute State aid while the other measures were existing aid...

Read the full blog post here: https://loom.ly/wDJBa5o

All 2024 articles are now available within the same covers! Order the State Aid Uncovered 2024 book in our online store: https://loom.ly/2m4d5Ew

𝐒𝐭𝐚𝐲 𝐢𝐧 𝐭𝐡𝐞 𝐤𝐧𝐨𝐰 and 𝐬𝐮𝐛𝐬𝐜𝐫𝐢𝐛𝐞 to our 𝐛𝐥𝐨𝐠 𝐚𝐥𝐞𝐫𝐭𝐬 𝐭𝐨 𝐠𝐞𝐭 𝐮𝐩𝐝𝐚𝐭𝐞𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐥𝐚𝐭𝐞𝐬𝐭 𝐛𝐥𝐨𝐠 𝐩𝐨𝐬𝐭𝐬: https://loom.ly/ZtQiNLg

07/08/2025

CCLR 02/25 | 𝐎𝐮𝐭 𝐍𝐨𝐰!

The new issue on Carbon & Climate Law Review is available now!

📝𝐀 𝐬𝐡𝐨𝐫𝐭 𝐨𝐯𝐞𝐫𝐯𝐢𝐞𝐰 𝐨𝐟 𝐰𝐡𝐚𝐭 𝐭𝐨 𝐞𝐱𝐩𝐞𝐜𝐭 𝐢𝐧 𝐭𝐡𝐢𝐬 𝐢𝐬𝐬𝐮𝐞:

• Climate Litigation and Impact Evaluation | 𝐍𝐢𝐜𝐡𝐨𝐥𝐚𝐬 𝐘𝐨𝐮𝐧𝐠
• Reviving the Principle of Supplementarity for the Market-based Mechanisms of the Paris Agreement | 𝐃𝐚𝐯𝐢𝐝 𝐑𝐨𝐬𝐬𝐚𝐭𝐢
• How Climate Policies Impact Developing Countries: The Case of the European Union Carbon Border Adjustment Mechanism | 𝐊𝐚𝐭𝐚𝐫𝐢́𝐧𝐚 𝐆𝐫𝐚́𝐜𝐨𝐯𝐚́
• Policy and Challenges on the Renewable Energy Transition Amidst Climate Change: A Case Study of Vietnam | 𝐌𝐚𝐜 𝐓𝐡𝐢 𝐇𝐨𝐚𝐢 𝐓𝐡𝐮𝐨𝐧𝐠, 𝐍𝐠𝐮𝐲𝐞𝐧 𝐏𝐡𝐮𝐨𝐧𝐠 𝐃𝐮𝐧𝐠, 𝐍𝐠𝐮𝐲𝐞𝐧 𝐓𝐡𝐢 𝐇𝐨𝐧𝐠 𝐘𝐞𝐧

• Caribbean | 𝐂𝐫𝐢𝐬𝐭𝐢𝐚𝐧 𝐇𝐞𝐫𝐞𝐝𝐢𝐚 𝐋𝐢𝐠𝐨𝐫𝐫𝐢𝐚, 𝐂𝐚𝐫𝐚 𝐒𝐜𝐡𝐮𝐥𝐭𝐞, 𝐌𝐚𝐫𝐢𝐚 𝐀𝐧𝐭𝐨𝐧𝐢𝐚 𝐓𝐢𝐠𝐫𝐞
• Brazil | 𝐋𝐮𝐢𝐳 𝐆𝐮𝐬𝐭𝐚𝐯𝐨 𝐄𝐬𝐜𝐨𝐫𝐜𝐢𝐨 𝐁𝐞𝐳𝐞𝐫𝐫𝐚, 𝐆𝐞𝐝𝐡𝐚𝐦 𝐌𝐞𝐝𝐞𝐢𝐫𝐨𝐬 𝐆𝐨𝐦𝐞𝐬, 𝐕𝐢𝐜𝐭𝐨𝐫 𝐓𝐞𝐢𝐱𝐞𝐢𝐫𝐚 𝐏𝐢𝐫𝐞𝐬 𝐑𝐨𝐝𝐫𝐢𝐠𝐮𝐞𝐬

Editorial: 𝐀𝐭𝐢𝐞𝐡 𝐊𝐡𝐚𝐭𝐢𝐛𝐢

𝐄𝐱𝐩𝐥𝐨𝐫𝐞 𝐦𝐨𝐫𝐞 𝐢𝐧-𝐝𝐞𝐩𝐭𝐡 𝐚𝐫𝐭𝐢𝐜𝐥𝐞𝐬 𝐚𝐧𝐝 𝐝𝐞𝐭𝐚𝐢𝐥𝐞𝐝 𝐥𝐞𝐠𝐚𝐥 𝐚𝐧𝐚𝐥𝐲𝐬𝐢𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐥𝐚𝐭𝐞𝐬𝐭 𝐢𝐬𝐬𝐮𝐞 𝐨𝐟 𝐂𝐂𝐋𝐑 𝐡𝐞𝐫𝐞: https://loom.ly/mUwNIac

05/08/2025

AbfallR 4/2025 | JETZT VERFÜGBAR

📚 In der aktuellen Ausgabe lesen Sie u.a.:

𝐑𝐞𝐜𝐡𝐭𝐬𝐟𝐫𝐚𝐠𝐞𝐧 𝐝𝐞𝐫 𝐞𝐫𝐰𝐞𝐢𝐭𝐞𝐫𝐭𝐞𝐧 𝐇𝐞𝐫𝐬𝐭𝐞𝐥𝐥𝐞𝐫𝐯𝐞𝐫𝐚𝐧𝐭𝐰𝐨𝐫𝐭𝐮𝐧𝐠 𝐟𝐮̈𝐫 𝐁𝐚𝐭𝐭𝐞𝐫𝐢𝐞𝐧 𝐧𝐚𝐜𝐡 𝐝𝐞𝐫 𝐕𝐞𝐫𝐨𝐫𝐝𝐧𝐮𝐧𝐠 (𝐄𝐔) 𝟐𝟎𝟐𝟑/𝟏𝟓𝟒𝟐 𝐮𝐧𝐝 𝐝𝐞𝐦 𝐤𝐮̈𝐧𝐟𝐭𝐢𝐠𝐞𝐧 𝐁𝐚𝐭𝐭𝐞𝐫𝐢𝐞𝐫𝐞𝐜𝐡𝐭-𝐃𝐮𝐫𝐜𝐡𝐟𝐮̈𝐡𝐫𝐮𝐧𝐠𝐬𝐠𝐞𝐬𝐞𝐭𝐳 – Martin Dieckmann
𝐃𝐚𝐬 𝐧𝐞𝐮𝐞 𝐞𝐮𝐫𝐨𝐩𝐚̈𝐢𝐬𝐜𝐡𝐞 𝐓𝐞𝐱𝐭𝐢𝐥𝐚𝐛𝐟𝐚𝐥𝐥𝐫𝐞𝐜𝐡𝐭 – 𝐃𝐢𝐞 𝐑𝐞𝐟𝐨𝐫𝐦 𝐝𝐞𝐫 𝐀𝐛𝐟𝐚𝐥𝐥𝐫𝐚𝐡𝐦𝐞𝐧𝐫𝐢𝐜𝐡𝐭𝐥𝐢𝐧𝐢𝐞 – Angela Dageförde, Fiene Kohn
𝐄𝐥𝐞𝐤𝐭𝐫𝐨𝐧𝐢𝐬𝐜𝐡𝐞 𝐔̈𝐛𝐞𝐫𝐰𝐚𝐜𝐡𝐮𝐧𝐠 𝐯𝐨𝐧 𝐠𝐫𝐞𝐧𝐳𝐮̈𝐛𝐞𝐫­𝐬𝐜𝐡𝐫𝐞𝐢𝐭𝐞𝐧𝐝𝐞𝐧 𝐀𝐛𝐟𝐚𝐥𝐥𝐯𝐞𝐫𝐛𝐫𝐢𝐧𝐠𝐮𝐧𝐠𝐞𝐧 – 𝐃𝐚𝐬 𝐧𝐞𝐮𝐞 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐖𝐚𝐬𝐭𝐞 𝐒𝐡𝐢𝐩𝐦𝐞𝐧𝐭 𝐒𝐲𝐬𝐭𝐞𝐦 (𝐃𝐈𝐖𝐀𝐒𝐒) – Olaf Kropp
„𝐓𝐮̈𝐛𝐢𝐧𝐠𝐞𝐫 𝐕𝐞𝐫𝐩𝐚𝐜𝐤𝐮𝐧𝐠𝐬𝐬𝐭𝐞𝐮𝐞𝐫“ – 𝐀𝐧𝐦𝐞𝐫𝐤𝐮𝐧𝐠 𝐳𝐮 𝐁𝐕𝐞𝐫𝐟𝐆, 𝐁𝐞𝐬𝐜𝐡𝐥𝐮𝐬𝐬 𝐯𝐨𝐦 𝟐𝟕.𝟏𝟏.𝟐𝟎𝟐𝟒 – 𝟏 𝐁𝐯𝐑 𝟏𝟕𝟐𝟔/𝟐𝟑 – Stefan Bauer
𝗘𝗱𝗶𝘁𝗼𝗿𝗶𝗮𝗹 – Martin Beckmann

Werfen Sie einen Blick ins Heft! ➡ https://loom.ly/ohSTzeo

Wir laden Sie ein, die Webseite der Zeitschrift zu besuchen ➡️ https://loom.ly/6uwyXXs , um 𝗱𝗶𝗲 𝘃𝗼𝗹𝗹𝘀𝘁𝗮̈𝗻𝗱𝗶𝗴𝗲𝗻 𝗔𝗿𝘁𝗶𝗸𝗲𝗹 𝘇𝘂 𝗹𝗲𝘀𝗲𝗻 und 𝘂𝗻𝘀𝗲𝗿𝗲𝗻 𝗡𝗲𝘄𝘀𝗹𝗲𝘁𝘁𝗲𝗿 𝘇𝘂 𝗮𝗯𝗼𝗻𝗻𝗶𝗲𝗿𝗲𝗻.

05/08/2025

🔔 NEW STATE AID BLOG POST:

A public measure must be selective and satisfy the other criteria of Article 107(1) TFEU in order to be classified as State aid. The detection of selectivity requires a comparative exercise: a comparison of the aid beneficiary or beneficiaries with non-aid beneficiaries. But which non-aid beneficiaries to take into account. The answer is those who are in a similar legal or factual situation, according to the objective of the measure in question. For example, is a measure that supports investment by SMEs selective? SMEs are objectively different from large enterprises because they are smaller! But this measure promotes investment and large enterprises also invest. Yet, the reason that SMEs need investment support is because they do not have the same access to financial markets as large enterprises. Therefore, it appears that there is a good reason for the public support of SMEs. Indeed, it is a good reason, but the intention of public authorities is irrelevant for classifying a measure as State aid. The measure differentiates between SMEs and large enterprises in the support of investment...

Read the full blog post here: https://loom.ly/rAc8s4g

All 2024 articles are now available within the same covers! Order the State Aid Uncovered 2024 book in our online store: https://loom.ly/2m4d5Ew

𝐒𝐭𝐚𝐲 𝐢𝐧 𝐭𝐡𝐞 𝐤𝐧𝐨𝐰 and 𝐬𝐮𝐛𝐬𝐜𝐫𝐢𝐛𝐞 to our 𝐛𝐥𝐨𝐠 𝐚𝐥𝐞𝐫𝐭𝐬 𝐭𝐨 𝐠𝐞𝐭 𝐮𝐩𝐝𝐚𝐭𝐞𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐥𝐚𝐭𝐞𝐬𝐭 𝐛𝐥𝐨𝐠 𝐩𝐨𝐬𝐭𝐬: https://loom.ly/ZtQiNLg

01/08/2025

As we mark our 25th anniversary, we’re honoured to receive such thoughtful reflections from members of our community, like Professor Caroline Buts, who has been an integral part of our journey.

💬 “Over the past 25 years, Lexxion has shaped a truly vibrant and engaged State aid community. By bringing together practitioners, academics, and policymakers, Lexxion has created a unique platform where expertise is shared, dialogue is fostered, and knowledge is continuously deepened. Through its high-quality publications and events, Lexxion has not only advanced the dissemination of State aid knowledge, but has also played an instrumental role in building bridges between stakeholders, disciplines, and jurisdictions.

For me personally, Lexxion has been important in many ways, and I am truly happy to be part of this journey. The sense of community and open intellectual exchange are what make Lexxion stand out.

Congratulations on this milestone and here’s to many more years.”

Thank you, Caroline, for your kind words and for being a part of the Lexxion story. Here's to many more years of collaboration, knowledge-sharing, and growth together!

🔗 𝐉𝐨𝐢𝐧 𝐮𝐬 𝐚𝐭 𝐨𝐮𝐫 𝟐𝟓𝐭𝐡 𝐀𝐧𝐧𝐢𝐯𝐞𝐫𝐬𝐚𝐫𝐲 𝐄𝐯𝐞𝐧𝐭, where Professor Caroline Buts will be speaking alongside other key figures in the State aid community: https://loom.ly/6LG4y4U

31/07/2025

✉️ 𝗗𝗔𝗧𝗔 𝗣𝗥𝗢𝗧𝗘𝗖𝗧𝗜𝗢𝗡 𝗜𝗡𝗦𝗜𝗗𝗘𝗥 ✉️

ISSUE 138 - 𝗢𝗨𝗧 𝗡𝗢𝗪

Stay informed about the latest developments in Data Protection Law with Diana Dimitrova & Dara Hallinan!
Gain access to the expert insights and read the latest DPI articles now by subscribing to the newsletter: https://loom.ly/ZtQiNLg

𝗧𝗢𝗣𝗜𝗖𝗦 :
• CJEU Rules on Access to EDPB Documents
• EDPB Publications
• Publication of General-Purpose AI Code of Practice

Read the latest issue on our website: https://loom.ly/T8p1ftA

𝗘𝗱𝗶𝘁𝗼𝗿𝘀: Diana Dimitrova & Dara Hallinan

31/07/2025

📣 𝐍𝐞𝐰 𝐂𝐨𝐑𝐞 𝐁𝐥𝐨𝐠 𝐏𝐨𝐬𝐭 𝐛𝐲 𝐃𝐚𝐧𝐢𝐞𝐥 𝐌𝐚𝐧𝐝𝐫𝐞𝐬𝐜𝐮 𝐢𝐬 𝐎𝐮𝐭 𝐍𝐨𝐰!

- 𝐅𝐚𝐜𝐞𝐛𝐨𝐨𝐤 𝐌𝐚𝐫𝐤𝐞𝐭𝐩𝐥𝐚𝐜𝐞: 𝐚 𝐭𝐞𝐱𝐭𝐛𝐨𝐨𝐤 𝐥𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐜𝐚𝐬𝐞 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐞𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝐨𝐟 𝐄𝐔 𝐜𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐥𝐚𝐰 𝐢𝐧 𝐭𝐡𝐞 𝐝𝐢𝐠𝐢𝐭𝐚𝐥 𝐞𝐜𝐨𝐧𝐨𝐦𝐲-

After several years of investigation, the Commission finally delivered its decision in the case of Facebook Marketplace, where it found that Facebook had abused its dominant position by engaging in anticompetitive tying and imposing unfair trading conditions, resulting in a fine of almost € 800 million for Meta (Facebook).

While the theories of harm in this case are by no means revolutionary, the decision itself represents a significant step forward in updating practice to reflect the realities of the digital economy. In doing so, the decision creates a better alignment with the DMA, which has already taken a clear stance on such practices before specific case law on these matters had a chance to develop fully.

Next to updating traditional theories of harms to the realities of the digital economy, the decision addresses several important aspects of the market definition that remain a challenging aspect of the application of Article 102 TFEU, particularly in the case of digital platforms. These aspects concern the definition of separate relevant markets for different services provided on a single platform interface, the application of the SSNDQ as an alternative to the SSNIP when dealing with zero-priced services, and the (non) existence of attention markets.

Taken together, the Commission’s decision in this case creates an important precedent for the digital economy that extends far beyond Meta’s ecosystem.

[…]

Read the full blog post here: https://loom.ly/iiCnZ2k

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30/07/2025

𝐍𝐞𝐰 𝐂𝐥𝐢𝐦𝐚𝐭𝐞 𝐋𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐁𝐫𝐢𝐞𝐟 𝐎𝐮𝐭 𝐍𝐨𝐰!
Issue 3/2025

Stay informed about the latest developments in Climate Litigation!

𝐓𝐢𝐭𝐥𝐞: Inter-American Court of Human Rights

Advisory Opinion on climate emergency and human rights (OC-32/25) of 29 May 2025

- This C2LI Brief was prepared by Dr. Gastón Medici-Colombo

𝐑𝐞𝐚𝐝 𝐭𝐡𝐞 𝐟𝐮𝐥𝐥 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐡𝐞𝐫𝐞: https://loom.ly/aNwxoD4

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29/07/2025

🔔 NEW STATE AID BLOG POST: 𝐇𝐨𝐰 𝐭𝐨 𝐌𝐞𝐚𝐬𝐮𝐫𝐞 𝐭𝐡𝐞 𝐃𝐚𝐦𝐚𝐠𝐞 𝐂𝐚𝐮𝐬𝐞𝐝 𝐛𝐲 𝐚𝐧 𝐄𝐱𝐜𝐞𝐩𝐭𝐢𝐨𝐧𝐚𝐥 𝐎𝐜𝐜𝐮𝐫𝐫𝐞𝐧𝐜𝐞

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. 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 pandemic. Its financial problems started with the bankruptcy of Thomas Cook, its parent company. Condor had requested and received restructuring aid and also other aid to compensate for covid-19 related damage. The General Court had to determine whether the Commission had disentangled the harm wreaked by the pandemic from the harm caused by other problems.

The aid measures in favour of Condor over the past 5-6 years were as follows:
1. October 2019: Rescue aid in the form of a loan of EUR 380 million [SA.55394]. The Ryanair appeal against that aid was dismissed by the General Court in May 2022 [T-577/20, Ryanair v Commission].
2. April 2020: Compensation for damage caused by covid-19 in the form of two loans totalling EUR 550 million [SA.56867]. The Ryanair appeal against that aid was upheld by the General Court in June 2021 [T-665/20, Ryanair v Commission]. The General Court found that the Commission did not distinguish sufficiently between the damage caused by covid-19 and the earlier financial difficulties of Condor. The Commission readopted that decision in July 2021 and corrected the errors identified by the Court. Ryanair challenged the revised decision in which resulted in the judgment that is reviewed in this article.
3. July 2021: Compensation for damage caused by covid-19 [SA.63617].
4. July 2021: Restructuring aid [SA.63203]. The Ryanair appeal was upheld by the General Court in May 2024 [T-28/22, Ryanair v Commission]. The General Court held that the Commission should have had doubts as to whether the aid satisfied the requirement of adequate burden sharing as stipulated in point 67 of the Rescue & Restructuring Aid Guidelines [R&R]...

Read the full blog post here: https://loom.ly/-KZbrMI

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𝐒𝐭𝐚𝐲 𝐢𝐧 𝐭𝐡𝐞 𝐤𝐧𝐨𝐰 and 𝐬𝐮𝐛𝐬𝐜𝐫𝐢𝐛𝐞 to our 𝐛𝐥𝐨𝐠 𝐚𝐥𝐞𝐫𝐭𝐬 𝐭𝐨 𝐠𝐞𝐭 𝐮𝐩𝐝𝐚𝐭𝐞𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐥𝐚𝐭𝐞𝐬𝐭 𝐛𝐥𝐨𝐠 𝐩𝐨𝐬𝐭𝐬: https://loom.ly/ZtQiNLg