State Aid in Times of Recovery and transition: What You Need to Know

In these unprecedented times, it is increasingly important for companies across all sectors to feel comfortable navigating the complex rules on state aid. On the one hand, state aid can be an important resource – granted by EU member states to support companies affected by the COVID-19 pandemic or stimulate investments (albeit subject to strict conditions). On the other hand, the European Commission is committed to vigorously pursuing any violation of the state aid rules – something that can lead to a multimillion, or even a multibillion euro bill in recovery measures.

Companies need to know whether they qualify for state aid, and if so under what conditions, and how they should structure their transactions to prevent any state-aid related issues from arising.

This webinar will cover the following important points, of which all legal practitioners should be aware:

• Notion of state aid: When does a measure qualify as state aid? How can state aid be avoided in transactions with the government or a state-controlled company
• Notification and standstill: When must state aid be notified to the European Commission? What do the notification and standstill obligations mean in practice? What are the consequences of noncompliance?
• Complaints: What if a competitor has received unlawful state aid? When can a complaint be filed with the European Commission or brought before the national court?
• COVID-19 Temporary Framework: Massive amounts of state aid have been granted by the Member States to support companies affected by the pandemic. Most of this state aid is authorised under the COVID-19 Temporary Framework which recently has been prolonged until the end of 2021. What additional opportunities does the COVID-19 state aid Temporary Framework offer? What further developments can be expected in the coming months?
• EU Recovery Fund: As Europe moves from crisis management to economic recovery, state aid control will accompany the implementation of the €750 billion EU Recovery Fund, €5.95 billion of which has been allocated to Belgium. When will investments under national recovery plans have state aid implications? Will notification be required or is there an exemption?
• Green and digital transitions: How will state aid play a role in the green and digital transitions? The EU Green Deal will require large investment in renewable energy and environmentally friendly projects; the digital transition will demand both private and public investment. What state aid reforms are in the pipeline to facilitate the achievement of these transitions?

The speakers are happy to cover any other questions on this topic and look forward to an interactive debate. If you would like to submit a question beforehand, please reach out to our speakers at kbourgeois@crowell.com and mvannieuwenborgh@crowell.com.

Language: English