Public Law

European law enthusiasts and regular readers (kudos if you fall into both categories) will be familiar with our updates on the European Commission’s State aid modernisation initiative.

Those of you who haven’t kept abreast of developments (tut tut) can find our most recent post here. See here for Roger’s post on changes to State aid rules.

The Commission recently issued a draft guidance notice aimed at providing practical guidance for identifying State aid measures that need to be notified to and approved by the Commission before being implemented.

In particular, the draft guidance notice seeks to explain and illustrate the various elements which make up EU State aid:

  • The presence of an economic activity (notion of “undertaking”);
  • The imputability of the measure to the State;
  • Financing through State resources;
  • The presence of an economic advantage for the beneficiary;
  • Selectivity; and
  • Effect on trade and competition.

The Commission is consulting on the guidance, and comments can be submitted until 14 March 2014. If you have any views on the draft guidance, or would like advice on its terms and/or assistance with a consultation response, please do get in touch.