Since the beginning of the COVID-19 outbreak, the French Government has notified a series of measures to the European Commission on the basis of the Temporary Framework adopted by the European Commission in order to enable Member States to support their economy in this specific context.[1] Such measures were authorized by the Commission under Article 107(3)(b) TFEU, as listed below.[2] The Commission also authorized a tax deferral scheme directed at French airlines under Article 107(2)(b) TFEU “to make good the damage caused by natural disasters or exceptional circumstances”.
Further state measures to support companies affected by the COVID-19 outbreak are to be expected in the coming weeks.
[1] See our two alert memoranda on this topic: “State Aid Temporary Framework to Support the Economy in the Context of the COVID-19 Outbbreak”, March 20, 2020, available at: https://www.clearygottlieb.com/news-and-insights/publication-listing/state-aid-temporary-framework-to-support-the-economy-in- the-context-of-the-covid-19-outbreak; and “Amendment to the State Aid Temporary Framework to Support the Economy in the Context of the COVID-19 Outbreak”, April 6, 2020, available at: https://www.clearygottlieb.com/news-and-insights/publication-listing/amendment-to-the-state-aid-temporary- framework. The Temporary Framework will be in place until the end of December 2020, and allows Member States to implement aid (subject to prior notification and clearance by the Commission) in five different forms: (i) direct grants, selective tax advantages, and advance payments of up to €800,000 to help a company address its liquidity needs; (ii) state guarantees for loans taken by companies from banks to help businesses cover immediate working capital and investment needs; (iii) subsidized public loans to companies to help businesses cover immediate working capital and investment needs; (iv) safeguards for banks that are used by the State to support businesses, in particular small and medium-sized companies, by expanding their lending capacities; and (v) short- term export credit insurances.
[2] At the time of writing. See the European Commission’s updated list of all its related decisions here: https://ec.europa.eu/competition/state_aid/what_is_new/ covid_19.html.
[3] The public version of this decision is not yet available.