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  11.07.2023

  EU

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

  GB 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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  19.06.2023

  Belgium

  The Belgian foreign direct investment regime comes into force on 1 July 2023

  GB FR

  As from 1 July 2023, non-European investors will have to notify an Interfederal Screening Committee of their investment projects in a Belgian company active in a highly sensitive sector or one likely to affect security, public order or the strategic interests of the Belgian State, Regions and Communities.Three years after the adoption of Regulation (EU) 2019/452 of 19 March 2019 establishing a framework for screening foreign direct investments in the European Union, on 1 June 2022  the various Belgian competent governments concluded a draft cooperation agreement which aims to introduce a foreign...

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  01.06.2023

  Europe

  State aid: following appeals by Ryanair, the General Court of the EU annuls the Commission's decisions approving aid for SAS, Deutsche Lufthansa and Italian airlines

  GB FR

  On 11 May 2023, the General Court of the EU cancelled two European Commission decisions authorizing State aid in the form of capital injections for the airlines SAS and Deutsche Lufthansa, in particular because there was no mechanism for increasing the remuneration of the Swedish and German States' shareholdings and because of the modalities of the exit of the State. On 24 May 2023, the General Court of the EU annulled the Commission's decision of 22 December 2020 authorizing a compensation scheme for airlines holding a licence given by the Italian authorities due to a failure to state reasons....

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  25.05.2023

  Polonia

  Poland drafts bill to encourage investment in biogas and biomethane projects

  The Polish government has adopted a bill amending the Renewable Energy Sources Act that is expected to facilitate the development of biogas and biomethane projects. This draft legislation, which was sent to the lower chamber of the Polish Parliament (Sejm) for legislative work on 8 May, represents another initiative (further to the draft Biogas Act described at CMS Law-Now a few weeks ago) aimed at boosting the biogas and biomethane market in Poland. The key changes to be introduced are presented below.Definition of biomethane The bill introduces a definition of biomethane, meaning “gas derived...

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  19.05.2023

  EU

  European Commission's public consultation on the extension of operating aid to regional airports

  GB FR

  The European Commission has recently submitted for public consultation its draft communication extending the transitional period for operating aid that can be granted to regional airports under the 2014 Guidelines on State aid to airports and airlines. The Commission had already published a "call for contributions" on the extension of operating aid to regional airports in 2022 and received 26 contributions, which it published on its website. (Aviation guidelines – prolongation of operating aid to regional airports (COVID-19 response) (europa.eu))The 2014 Guidelines on State aid to airports...

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