The EU FSR filing forms have been adopted and the regime is now in effect. Businesses must prepare to notify
EU General Court Strikes Down Commission Decisions Authorizing EUR 7 Billion State Aid to Lufthansa and SAS
On May 10, 2023, the General Court annulled two Commission decisions authorizing a total of EUR 7 billion recapitalization aid granted during the COVID-19 pandemic to air carriers Lufthansa and Scandinavian Airlines (“SAS”), following a challenge brought by rival airlines Ryanair and (for the Lufthansa decision) Condor:[1] i.e., (i) EUR 6 billion from Germany to Lufthansa[2] and (ii) EUR 1 billion from Denmark and Sweden to SAS.[3] The judgments mark the first time the General Court has annulled Commission decisions clearing recapitalization measures adopted under Section 3.11 of the COVID-19 Temporary Framework (“TF”), and the largest amount of previously cleared aid covered by an annulment judgment.[4]
Commission Consults on Notification Requirements and Process for EU Foreign Subsidies Regulation
On February 6, 2023, the European Commission (“Commission”) launched a public consultation on its proposed rules and procedures for merger and public procurement notifications under the EU Foreign Subsidies Regulation (“FSR”).
EU Regulation on Distortive Foreign Subsidies Set for Adoption
On 30 June 2022, the EU institutions reached political agreement on a new regulation which will allow the European Commission to control non-EU government subsidies given to businesses active in the EU (the “Regulation”).
European Commission To Phase-Out COVID-19 Temporary Framework
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.
New State Aid Rules for Green Projects: The EU’s Road to Climate Neutrality
From this month (January 2022), it will be easier for EU Member States to provide government subsidies (also known as “State aid”) for climate and renewable energy projects. At the same time, the EU is cracking down on public funding for fossil fuels.
New EU Rules for Regional Subsidies to Enter Into Force
Businesses applying for aid in disadvantaged regions of the EU will face new rules after December 31, 2021.
The new
International Competition Policy Cooperation in Times of Trade Tension: A Proposal for EU Action
Cleary Gottlieb partner François-Charles Laprévote authored the article, “International Competition Policy Cooperation in Times of Trade Tension: A Proposal for EU Action,” which was published by Concurrences.
The European Commission Proposes a Far-Reaching Regulation to Tackle Foreign Subsidies
On May 5, 2021, the European Commission proposed a new draft regulation that, if adopted, would introduce sweeping measures aimed at controlling the impact of foreign subsidies on the EU single market. The Proposed Regulation reflects the EU’s policy priority to pursue an “open strategic autonomy” and fits into the EU Industrial Strategy, updated on the same date.