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Overview   State aid

BdM Banca v Commission

The Commission takes note of today’s judgment of the Court of Justice of the European Union, which dismissed BdM Banca’s claim for damages against the Commission following the Commission’s 2015 State aid decision in the Tercas case.
The case has its origin in a 2015 State aid decision. In that decision, the Commission had declared the financial support by the Italian Fondo Interbancario di Tutela dei Depositi (FITD) to Banca Tercas as imputable to the Italian State and as unlawful, incompatible State aid to be recovered. That decision was later annulled by the EU Courts. BdM Banca, which acquired Banca Tercas, claimed to have suffered damage due to that decision because of customers losing confidence in the bank. Its action for non-contractual liability against the Commission was dismissed by the General Court in 2023.
In today’s judgment, the Court of Justice confirmed the General Court’s view that part of the alleged damage was time-barred and that the applicant failed to prove a sufficient causal link between the Commission decision and the alleged damage. The Court of Justice, however, set aside the General Court’s judgment in part, holding that – unlike the General Court had decided – the Commission’s State aid decision entailed a sufficiently serious breach of EU law to establish non-contractual liability of the Commission. Nevertheless, given that the requirements to engage such liability are cumulative and that the requirement of a direct causal link was not established, the Commission was not found liable for the alleged damage. The appellant’s action was therefore dismissed.

 
Commission approves German capacity mechanism of up to €35 billion to secure electricity supply

The European Commission has approved, under EU State aid rules, a capacity mechanism for Germany available from 2031. This measure, with an estimated cost between €15.6 billion and €35.2 billion, aims to ensure sufficient capacity to produce, store or flexibly consume electricity, so that electricity production can consistently meet expected demand. Capacity mechanisms can play an important role ensuring security of supply as part of the transition to a decarbonised electricity system, and the measure includes requirements that will support climate neutrality by 2045 at the latest.

 
Commission approves €290 million Dutch State aid to support sustainable aviation fuels

The European Commission has approved, under EU State aid rules, two Dutch schemes with a combined budget of €290 million to support sustainable aviation fuels ('SAF'). The schemes will contribute to the objectives of the Clean Industrial Deal to accelerate the decarbonisation of EU industry, as well as of the ReFuelEU Aviation Regulation to boost the supply and demand of SAF and accelerate the transition to climate-neutral aviation.

 
Commission approves €149 million Swedish State aid for agricultural, fishing and aquaculture companies facing increased fuel and fertiliser prices

The European Commission has approved a €149 million (SEK 1.6 billion) State aid scheme for agricultural, fishing and aquaculture companies facing increased fuel and fertiliser prices due to the Middle East crisis.
The scheme was approved under the Middle East Crisis Temporary State Aid Framework (METSAF) adopted by the Commission on 29 April 2026.

 
Commission seeks feedback on proposed amendments to regional State aid guidelines

The European Commission has launched a public consultation inviting all interested parties to comment on its proposal to amend the Guidelines on regional State aid to keep them up-to-date.
The Commission welcomes feedback from all interested stakeholders, in particular national and regional authorities that grant aid. Interested parties are invited to respond to the public consultation on the draft Guidelines by 30 September 2026.

 
Public consultation on the European Commission’s draft Communication amending the Guidelines on regional State aid

The Commission is launching a public consultation on a draft amendment to the Guidelines on regional State aid, which entered into force in 2022. These Guidelines implement Article 107(3)(a) and (c) TFEU, defining the legal framework for State aid that supports regional development and territorial cohesion. Section 7 sets out the criteria for identifying areas that qualify for such aid; based on those criteria, Member States should notify a regional aid map to the Commission, to be approved by Commission decision, before any aid is granted, whether under the Guidelines or the General Block Exemption Regulation. The current maps apply from 1 January 2022 – 31 December 2027. To allow aid beyond 2027, new maps for 2028‑2034 need to be drawn up. 
See also the Commission's press release.

 
Commission invites comments on draft new rescue and restructuring State aid guidelines

The European Commission has launched a public consultation on the draft of new Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty ('Rescue and Restructuring Guidelines'). The new version will align the existing Guidelines with current social, market and technological conditions. The Commission invites Member States and all other interested parties to comment on the draft by 4 September 2026

 
Public consultation on the draft new Rescue and Restructuring Guidelines

The Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty set out the conditions under which aid to non-financial undertakings in difficulty may be considered compatible with the internal market and State aid rules, in particular on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union.
Following a broad public consultation and call for evidence in 2025, the Commission has reviewed the Rescue and Restructuring Guidelines with the aim to modernise them, reflecting today's changed economic context, to ensure that they remain fit to meet their objectives. 
The Commission is now seeking stakeholder views on the this draft of new Rescue and Restructuring Guidelines.
See also the Commission's press release.

 
Commission approves Czech capacity mechanism under Clean Industrial Deal State Aid Framework

The European Commission has approved, under EU State aid rules, Czechia's market-wide capacity mechanism. The measure aims to ensure there is sufficient capacity to produce or store electricity, or to reduce electricity consumption so that production meets demand in the long term. It is the first capacity mechanism approved under the Clean Industrial Deal State Aid Framework (CISAF) adopted by the Commission on 25 June 2025.

 
Commission approves €300 million Irish State aid scheme for temporary electricity price relief for energy-intensive companies

The European Commission has approved a €300 million Irish scheme to provide temporary electricity price relief for energy-intensive companies in line with the objectives of the Clean Industrial Deal. Through the condition to reinvest a significant share of the aid received in decarbonisation measures, this scheme will contribute to the transition towards a net-zero economy. The scheme was approved under the Clean Industrial Deal State Aid Framework (CISAF) adopted by the Commission on 25 June 2025.

 
Úsovsko Agro v Commission

The Commission takes note of the judgment of the General Court upholding the 2024 decision in which the Commission found that unlawful investment aid granted in 2017 and 2018 to some large agricultural enterprises was incompatible with the internal market and ordered its recovery.
In its judgment, the General Court confirmed that the Commission was right to consider that the absence of the ex-ante proven incentive effect cannot be remedied through the assessment conducted ex- post.
The General Court has also recalled that the Commission is generally bound by its Guidelines once it has adopted and published them and given that the Member State did not request a direct application of Article 107(3)(c) TFEU and that the 2014 Guidelines did not depart from the Treaty and are accepted by Member States. Therefore, adhering to the Guidelines cannot be considered as violation of procedural rights of the applicants by the Commission.
The General Court also recalls that as the procedure for reviewing State aid provided for in Article 108 TFEU is initiated only in respect of the Member State responsible for granting the aid, only the Member State concerned, as the addressee of the future Commission decision, may rely on actual rights of defence, and that therefore aid beneficiaries cannot rely on rights of defence, including the right to be heard.
The Court also concludes that the reasoning of the decision is not flawed and provided sufficient motivation regarding its temporal and material scope.