State Aid

Recent Articles

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  27.11.2023

  EU

  State aid: Temporary Crisis and Transition Framework extended

  FR

  The European Commission has adjusted the timetable for phasing out the provisions of the State aid Temporary Crisis and Transition Framework after sending Member States this proposal for partial adjustment of the timetable for consultation in order to respond to the crisis following Russia's aggression against Ukraine and the unprecedented rise in energy prices.On 23 March 2022, the Commission adopted the State aid Temporary Crisis Framework to enable Member States to act quickly and effectively in adopting aid measures in favour of companies affected by the considerable economic uncertainties,...

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  18.10.2023

  EU

  State aid: The Court of Justice of the EU annuls the judgment of the General Court in the Frankfurt-Hahn airport case

  The European Commission's decision of 31 July 2017  On 7 April 2017, Germany notified the Commission of its plan to grant operating aid to Frankfurt-Hahn airport to cover the deficit of its operator, Flughafen Frankfurt-Hahn GmbH (FFHG) for a transitional period of ten years beginning 4 April 2014. The notified aid involved a maximum amount of EUR 25.3 million to be paid between 2018 and 2022. This amount was to be reduced if the airport's actual losses during the transitional period proved lower than the maximum amount of aid.In its decision 31 of July 2017, the Commission decided that the...

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  12.10.2023

  Belgium

  FSR and concentrations – Be Prepared

  FR

  On 12 October 2023, the notification obligation for concentrations under the Foreign Subsidies Regulation (FSR) and its implementing Regulation comes into force. The Commission recently announced that 17 prenotification cases were in progress. How should undertakings prepare? The Foreign Subsidies Regulation (FSR) in a nutshellUnder the FSR, the European Commission has the power to investigate financial contributions granted by third countries to European and foreign companies active in the EU. If the Commission finds that such financial contributions constitute distortive subsidies in the...

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  12.10.2023

  Belgium

  FSR and public pro­cure­ment/con­ces­sion procedures – Be Prepared

  FR

  On 12 October 2023, the notification and declaration obligation for public procurement and concessions procedures under the Foreign Subsidies Regulation (FSR) and its implementing Regulation comes into force. How should undertakings prepare? Foreign Subsidies Regulation (FSR) in a nutshellUnder the FSR, the European Commission has the power to investigate financial contributions granted by third countries to European and foreign companies active in the EU. If the Commission finds that such financial contributions constitute distortive subsidies in the internal market, it can impose redressive...

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  11.07.2023

  EU

  In-depth investigation by the European Commission into Danish and Swedish aid to SAS

  FR

  In August 2020, Denmark and Sweden notified the European Commission of their plans to provide support in the form of recapitalisation measures for the airline SAS.As a result of pandemic-related travel restrictions, SAS was at risk of default and insolvency. The recapitalisation involved the following measures: subscription of new shares by Denmark and Sweden for approximately EUR 194 million;subscription of new shares as part of a rights issue split between Denmark and Sweden for an amount of EUR 292 million; andrecently issued hybrid securities with a total value of EUR 583 million, equivalent...

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  27.06.2023

  Europe, UK

  Revised guidance on the application of EU State aid rules in the UK post-Brexit

  On 9 June 2023, the European Commission (“EC”) adopted a revised Notice on the application of the EU State aid rules to the UK following the end of the Brexit transition period.  On the same day, the UK Government updated its own statutory Guidance for public authorities on the UK’s international Subsidy control commitments, including the scope and application of Article 10 of the Windsor Framework.  The Windsor Framework further built on and replaced the Northern Ireland Protocol, which applies EU State aid law to UK Subsidies which affect trade between Northern Ireland...

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