The European Commission has approved a €2.3 billion Finnish scheme to support investments in strategic sectors and to help industrial companies to decarbonise their production processes. The scheme contributes to the achievement of the priorities of the European Commission for 2024-2029, based on the Political Guidelines, which call for investments in clean energy and technologies. The scheme was approved under the State aid Temporary Crisis and Transition Framework (‘TCTF') adopted by the Commission on 9 March 2023 and amended on 20 November 2023 and on 2 May 2024.

The Commission takes note of today’s judgment of the Court of Justice of the European Union, which sets aside a 2023 judgment of the General Court. In its judgment, the General Court partially upheld an action for annulment brought by Carpatair against a 2020 Commission State aid decision which found, after a formal investigation procedure, that several measures granted by Romanian public authorities to Timisoara airport and airlines operating at that airport either did not constitute State aid or constituted compatible State aid.
In its judgment, the Court of Justice found that the 2023 judgement by the General Court is vitiated by inadequate statement of reasons on Carpatair’s legal standing to bring an action for annulment of the 2020 Commission’s State aid decision. It thus decided to set aside the 2023 judgment, and to refer the case back to the General Court.

The European Commission has launched today a consultation inviting interested stakeholders to comment on its draft amendments to the State aid Implementing Regulation (EC) No 794/2004 (‘draft Implementing Regulation') and to the State aid Best Practices Code (‘amended BPC') with respect to new rules on access to justice following the Aarhus Convention Compliance Committee's findings in case ACCC/C/2015/128.

The Commission takes note of the judgment of the General Court upholding a 2021 Commission State aid decision. In its decision, the Commission found that a €1.2 billion rescue loan to TAP SGPS was in line with the requirements of the Commission's Guidelines on rescue and restructuring aid (“R&R Guidelines”), and thus compatible with the internal market.
In its judgment, the General Court fully upheld the Commission’s assessment and decision, and concluded that the Commission did not disregard the conditions of eligibility for rescue aid.

The European Commission has approved, under EU State aid rules, a €500 million French scheme to support the chemical recycling of certain types of plastic waste. The measure contributes to the achievement of the priorities of the European Commission for 2024-2029, based on the Political Guidelines, which call for a more circular and resilient economy.

The European Commission has approved, under EU State aid rules, an estimated €1.1 billion Italian scheme to support the employment of young people and of female workers. The scheme contributes to the EU's social and employment policy objectives and is partly funded through the European Social Fund Plus (ESF+).

The European Commission has approved, under EU State aid rules, a €48 million French measure to support Envision AESC France in setting-up a new factory for the production of Lithium-ion batteries for electric vehicles in Douai. The measure will contribute to the EU's strategic objectives relating to job creation, regional development, and to the green transition of the regional economy.

The Commission takes note of today’s judgment of the General Court upholding a 2022 Commission State aid decision. In that decision the Commission found, after a formal investigation started in 2019, that a capital injection provided by the ultimately joint Danish/Swedish owned company PostNord Group AB to its subsidiary Post Danmark does not consitute State aid.
In addition, the decision concluded that Denmark and Sweden should recover the aid that they had directly granted in the form of two capital injections to the holding PostNord AB.
In its judgment, the General Court declared the application inadmissible since the applicant did not demonstrate that it has standing to bring proceedings against the Commission decision.

The European Commission has concluded that two support measures totalling €23 million awarded by Poland to chemical company PCC MCAA Sp. z o. o (‘PCC') for an investment into a new plant are in line with EU State aid rules.

The Commission takes note of today’s judgment of the Court of Justice of the EU, setting aside a 2023 judgment by which the General Court annulled a 2020 Commission State aid decision. In its decision, the Commission found that an Italian aid scheme that aimed to compensate the damage suffered by certain airlines in the period 1 March-15 June 2020 due to the COVID-19 pandemic was in line with EU State aid rules.
In today’s judgment, the Court of Justice confirmed that, in the judgment under appeal, the General Court erred by finding that the Commission had failed to comply with the obligation to state reasons pursuant to Article 296 TFEU. The Court of Justice thus decided to set aside the 2023 judgment of the General Court and to remit the remainder of the case to the General Court.
The Court of Justice also clarified that, while the Commission has a duty to examine State aid measures under provisions of Union law other than Articles 107 and 108 TFEU, that does not mean that it must in every case justify the absence of an explicit examination of the compatibility an aid measure in the light of certain provisions or certain principles of EU law other than the State aid rules.

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that State aid rules and the Charter of Fundamental Rights of the European Union do not prevent national authorities from establishing economic continuity between the beneficiary company identified by the Commission decision and a third-party company, which acquired the beneficiary’s assets after that decision and did not participate in the procedure before the Commission.
Consequently, the Court clarified that the Member State concerned may extend to the successor company the scope of the recovery decision, thus declaring it obliged to repay the amount unduly received by the original beneficiary.

The European Commission takes note of today’s judgment of the Court of Justice of the EU, upholding in full a 2020 Commission Decision. In its decision the Commission found that the implementation of the Madeira Free Zone aid scheme (Regime III) in Portugal is not in line with the Commission's State aid decisions of 2007 and 2013. The objective of the approved measure was to contribute to the economic development of the outermost region of Madeira through tax incentives for companies creating jobs in Madeira and for activities effectively and materially performed in that region.
In its judgment, the Court confirms the General Court findings that the Commission was right in considering that the tax reductions were applied to companies that have made no real contribution to the development of the region, including on jobs created outside Madeira (and even outside the EU), in breach of the conditions laid down in the 2007 and 2013 State aid decisions.
This judgment is consistent with the previous findings of the General Court in this case and in a number of other appeal cases brought against the Commission’s 2020 decision by Portugal (T-95/21) and by some beneficiaries, which were dismissed by the General Court.

The European Commission has approved, under EU State aid rules, an estimated €4.06 billion German measure to support the operation of four storage and regassification units (‘FSRUs') for the import of Liquefied Natural Gas (‘LNG') by Deutsche Energy Terminal (‘DET'). The measure contributes to the achievement of the objectives of the REPowerEU Plan, by enabling the diversification of energy supplies and ensuring security of gas supply.

The European Commission has approved, under EU State aid rules, a French scheme of a maximum amount of €3 billion to support for a period of 15 years companies subject to the EU Emission Trading Scheme (‘ETS') in decarbonising their production processes. The measure will contribute to the implementation of France's National Energy and Climate Plan and to the achievement of the European Green Deal targets.

The European Commission has approved, under EU State aid rules, a €1.3 billion Italian measure to support Silicon Box in the construction of a semiconductor advanced packaging and testing facility in Novara. The measure will strengthen Europe's security of supply, resilience and technological autonomy in semiconductor technologies, in line with the objectives set out in the European Chips Act Communication and the Political Guidelines for the European Commission 2024-2029.

The European Commission has opened an in-depth investigation to assess whether public support that Poland plans to grant for a nuclear power plant in Lubiatowo-Kopalino is in line with EU State aid rules.

The European Commission has approved, under EU State aid rules, a €350 million German measure to support Concrete Chemicals GmbH in the production of synthetic aviation fuels. The measure will contribute to the achievement of the European Green Deal and the ReFuelEU Aviation  targets.

The European Commission has approved, under EU State aid rules, a €3 billion German-Dutch scheme to support the production of renewable fuels of non-biological origin (RFNBOs), including renewable hydrogen, throughout the world. These RFNBOs will be imported and sold in the EU, contributing to the objectives of the EU Hydrogen Strategy, the European Green Deal, as well as of the REPowerEU Plan to reduce dependence on Russian fossil fuels and accelerate the green transition.

The European Commission has approved, under EU State aid rules, an estimated €1.7 billion (DKK 13 billion) Danish scheme to support the production of renewable gas to be injected into the grid. The scheme will contribute to the EU's climate targets in line with the European Green Deal, as well as the objectives of the REPowerEU Plan to reduce dependence on Russian fossil fuels and accelerate the green transition.

The European Commission has approved an estimated €9.7 billion Italian scheme to support electricity production from renewable energy sources to foster the transition towards a net-zero economy. The scheme was approved under the State aid Temporary Crisis and Transition Framework (‘TCTF') adopted by the Commission on 9 March 2023 and amended on 20 November 2023 and on 2 May 2024.