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Alain Alexis

Forward Global (Brussels)

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Alain Alexis is a former Advisor for Synergies Space, Defence and Civil Industries in the Directorate General for Defence industries and Space of the European Commission. He has worked previously more than 20 years for the Commission DG Competition, both in the antitrust and State aid departments. Before joining the Commission, he worked for the Competition Department in Paris. He has a Master of European law delivered by the Sorbonne University.

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Andrea Collart

Forward Global (Brussels)

Belgium 4 contributions 6317 visits

1133 | Events

6 Mar 2023 Brussels Foreign Subsidies : Towards enforcement of the eu regulation See documents

Articles

115632 Review

Alain Alexis Control of foreign subsidies distorting the internal market: Main amendments introduced by the co-legislators

February 2023 1427

This is an updated version of Alain Alexis’ article titled: Foreign subsidy controls: The new European Commission proposal published in November 2021. The Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market will be applicable from 12 (...)

Alain Alexis Foreign subsidy controls: The new European Commission proposal

November 2021 2077

Responding to the requests from the European Parliament and the European Council, the Commission has proposed an ambitious regulation to control foreign subsidies distorting the internal market. The challenge is to find a balance between the positive effects of foreign investments in Europe, (...)

Alain Alexis Standing to bring proceedings: The CFI holds that to be entitled to bring an action for annulment, an association must have played an active role during the procedure before the Commission (Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren e. a. v. Commission)

27 September 2006 4447

CFI, 27 September 2006, Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren a. o. v. Commission, Case T-117/04 The Court of First Instance had to rule on an action brought against an a priori decision of limited importance, but which raises interesting questions in the context (...)

Alain Alexis System of taxation: The CFI holds that an environmental tax levied on the extraction of virgin aggregates which does not apply to secondary aggregates is justified by the nature and general scheme of the system of taxation (British Aggregates Association v. Commission)

13 September 2006 4570

CFI, 13 September 2006, British Aggregates Association v. Commission, Case T-210/02 The notion of the ’logic of the tax system’ which allows a measure to escape classification as State aid is always a tricky concept to apply. The judgment of the Court of First Instance provides useful (...)

Alain Alexis Research & Development: The European Commission adopts draft EC guidelines on State Aids Policy

September 2006 3839

EC Comm, Staff paper - Preliminary draft, Community framework for state aid for research development and innovation, 20 April 2006 On 20 April 2006, the Commission made public its draft new Community Framework for State aid for Research, Development and Innovation (R&D&I). However, (...)

Alain Alexis Powers of the Council: The ECJ holds that the Council is not authorised to declare an aid compatible if no application has been made before the Commission declares the aid incompatible (Commission v. Council)

22 June 2006 3917

ECJ, 22 June 2006, Commission v. Council, case C-399/03 While the Commission plays a central role in State aid control, the Council retains important powers under the third subparagraph of Article 88(2) EC, which provides that, at the request of a Member State, the Council may decide (...)

Alain Alexis Legitimate expectations: The ECJ holds that the European Commission may alter its appraisal but must take into consideration the legitimate expectations which may result from former decisions (Forum 187)

22 June 2006 4637

ECJ, 22 June 2006, Kingdom of Belgium and Forum 187 ASBL v Commission, cases C-182/03 and C-217/03. The active application of the State aid rules in the tax field is relatively new for the Commission and leads the Commission to classify as State aid measures which were previously deemed to (...)

Alain Alexis De minimis State aid: The European Commission publishes a revised proposal for an amended block exemption

10 June 2006 4151

EC Commission, Amended proposal to amend the Block Exemption Regulation on de minimis aid, OJEU No C. 137 of 10 June 2006, p. 4. EC Commission, Draft Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid, OJ C. 137, 10 June 2006, p. 4. In March 2006, the (...)

Alain Alexis Notion of advantage: The CFI holds that an aid granted to service stations which had the effect of releasing companies from their obligations to bear the costs of discounts is an advantage (Kuwait Petroleum)

31 May 2006 3939

CFI, 31 May 2006, Kuwait Petroleum v. Commission, case. T-354/99 The Dutch petrol station case is one of those cases of limited economic importance, but which nevertheless give rise to unexpected contentious developments. The origin of this case was a Dutch law granting temporary aid to (...)

Alain Alexis Regional Aid: The European Commission drafts a Block Exemption Regulation

20 May 2006 4035

EC Commission, Draft regulation on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid, OJ C. 120, 20 May 2006, p. 2. On 20 May 2006, the Commission published its draft exemption regulation on certain regional aid in OJEU No C. 120. While Council (...)

Alain Alexis De minimis: The European Commission publishes a draft Regulation (March, 9 2006)

9 March 2006 4169

Draft Commission Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid EC Comm, 9 March 2006, De minimis: Draf EC Regulation EC Commission, Press Release IP/06/283 In line with the announcement made in the State Aid Action Plan, the Commission has (...)

Alain Alexis, Thibaut Kleiner State Aid Policy: Better economic analysis for the general interest

December 2005 7921

Contrary to antitrust rules, the rationale of European State aid rules is not limited to the protection of competition between companies, but also covers the achievement of internal market and other policy objectives mentioned in Article 3 of the treaty. In this context, the criteria of the (...)

Alain Alexis Aid for innovation: The European Commission launches a public consultation on new State aid for innovation

January 2006 3756

EC Comm, 21 September 2005, Communication from the Commission, Consultation Document on State Aid for Innovation As announced in its State Aid Action Plan of June 2005, the Commission adopted on 21 September 2005 a consultation document on State aid for innovation. The development of (...)

Alain Alexis Export credit insurance: The European Commission publishes a new Communication (Communication of the 22 decembre 2005)

21 December 2005 5345

EC Comm, 22 December 2005, Communication to Member States amending the communication pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance While export credit insurance plays a very important role for exporting companies, (...)

Alain Alexis Appropriate instrument: The European Commission holds that an aid for the introduction of digital terrestrial TV is incompatible (Berlin TV)

9 November 2005 4340

EC Comm, C(2005) 3903, 9 November 2005. Introduction of DVB-T in Berlin-Brandenburg, Case C 25/2004. In its State Aid Action Plan adopted in 2005, the Commission announced its intention to adopt a more economic approach to the treatment of State aid cases. Its decision of 9 November 2005 on (...)

Alain Alexis State Guaranty: The European Commission decides that the unlimited guarantee linked to the statute of Public firm constitutes incompatible State Aid (Laboratoire National d’Essai)

1 July 2005 5033

EC Comm, C(2005) 1970, 1 July 2005, Aid to the Laboratoire National d’Essais, case E 24/2004 and NN 88/2004 - France The Laboratoire National d’Essais is a public establishment of an industrial and commercial nature (EPIC) responsible for carrying out all study, research, consultation, (...)

Alain Alexis Restructuring aid: The CFI holds that the European Commission, when assessing the minimal amount of an aid, must take account of all the financial advantages for the beneficiary, even if their amount remains limited (Corsica Ferries)

15 June 2005 4341

CFI, 15 June 2005, Corsica Ferries France SAS v. Commission, Case T-349/03 The Société nationale maritime Corse-Méditerranée (SNCM) provides maritime links in particular between mainland France, Corsica and North Africa. In particular, it operates links between Corsica and Marseilles under (...)

Alain Alexis Notion of state aid: The CFI takes account of the nature and scheme of the general system on charging in the context of electricity (Sniace)

14 April 2005 4116

CFI, 14 April 2005, Sniace SA v Commission, Case T-141/03. Sniace had brought an action for annulment of a Commission decision unconditionally authorising aid in the form of a loan granted to it by Caja Cantabria. SNIACE took the view that the loan in question did not constitute aid and that (...)

Alain Alexis Implementation: The ECJ holds the prohibition to implement a tax only applies if the revenue from it is hypothecated to the aid measure at issue (Streekgewest Westelijk Noord-Brabant - Pape)

13 January 2005 4019

ECJ, 13 January 2005, Streekgewest Westelijk Noord-Brabant, case C-174/02 ECJ, January 13, 2005, F.J. Pape, aff. C-175/02 Differences in taxation between Member States may undoubtedly favour or disadvantage certain companies depending on their State of taxation. Companies with a high tax (...)

Alain Alexis Electricity sector: The European Commission declares compatible Italian State aid to stranded costs in the field of electricity (Electricity Stranded costs)

1 December 2004 4398

EC Comm, 1 December 2004, Italy - Stranded costs of the electricity sector, case N 490/2000 In the context of the liberalisation of the electricity sector, the Commission has always shown some flexibility in favour of "stranded costs", i.e. the costs of commitments or guarantees entered into (...)

Alain Alexis Ressources collected: The European Commission holds that resources collected by security funds set up by social partners and used for the financing of out of legal social missions do not constitute State resources within the meaning of Art. 87 EC (Fonds sectoriels belges)

20 October 2004 4123

EC Comm, 20 October 2004, Belgian Sectoral Funds, case NN 136/2003 The Commission’s decision on the Belgian sector funds is the first "non-aid" decision adopted in application of the Pearle judgment of 15 July 2004 (Case C-345/02). In accordance with Belgian legislation, the social (...)

Alain Alexis General interest: The European Commission holds that the carrying out, maintenance and running of maritime routes and port locks do not qualify as economic activity but constitute task of general interest (Flemish Ports)

20 October 2004 4107

EC Comm, 20 October 2004, Belgium - Financial support for infrastructure works in Flemish ports, case N 520/2003 The Commission’s decision of 20 October 2004 concerns the financial support that the Flemish Government intends to give for works in the ports of Antwerp, Zeebrugge and Ostend. (...)

Alain Alexis Nuclear sector: The European Commission holds that European State aid rules apply to nuclear sector but the objectives of the Euratom Treaty must be taken into consideration (British Energy)

22 September 2004 4885

EC Comm, dec. 2005/407/EC, 22 September 2004 on the State aid which the United Kingdom is planning to implement for British Energy plc, case C 52/2003 On 27 November 2002, the Commission had authorised the rescue aid granted to British Energy (BE) by the United Kingdom (OJEU No C 39 of 18 (...)

Alain Alexis Notion of State aid - State ressources: The ECJ holds that resources collected by a trade association governed by public law for the only purpose of funding an advertising campaign for the benefit of its members and decided on by them, through resources levied from those members and compulsorily earmarked for the funding of that campaign, do not constitute State aid (Pearle)

15 July 2004 5601

ECJ, 15 July 2004, Pearle BV, case C-345/02 The judgment of the Court of Justice of 15 July 2004 in the Pearle BV case provides important clarifications on the criteria of State resources and imputability to the State, two criteria constituting the concept of State aid within the meaning of (...)

Alain Alexis Aid for environmental protection: The European Commission extends the notion of environmental protection to cover measures to prevent risk linked to major accidents (Akzo Nobel)

16 June 2004 4033

EC Commission, Dec. 2005/170/EC of 16 June 2004 on aid for the construction of a propylene pipeline between Rotterdam, Antwerp and the Ruhr area, notified by Belgium, Germany and the Netherlands - C 67/03 (ex N 35 EC Commission, C(2004) 2026, 16 June 2004, Aid to Akzo Nobel to minimise (...)

Alain Alexis Notion of State Aid (advantage): The CFI holds that measures aiming at the replacement of the status of officials with the status of employees on a contract basis do not constitute State aid because they only free the company from a structural disadvantage it has in relation to its private-sector competitors (Danske)

16 March 2004 4299

CFI, 16 March 2004, Danske Busvognmænd v Commission, Case T-157/01. An undertaking is liable to receive State aid within the meaning of Article 87(1) when the State confers an ’advantage’ on it. The Court of First Instance provided important clarifications on this concept in its Danske (...)

Alain Alexis Compensation of charges of a service of general economic interest: The CFI holds that a company operating in the field of public services is not necessarily entrusted with public service obligations within the meaning of Community legislation (TV2Denmark)

16 March 2004 4107

CFI, 16 March 2004, Danske Busvognmænd v. Commission, Case T-157/01 EC Comm. dec. 2005/217/EC, 19 May 2004, on measures implemented by Denmark for TV2/Danmark, case C 2/2003 (ex NN 22/2002) While the Member States have a wide degree of autonomy in choosing and organising their services of (...)