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  17 September 2021
30/2021
 

Competition Weekly e-news

Cases, Judgments, News

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State aid

16/09/2021

Commission approves €1.24 billion Italian scheme to support companies hiring young workers in the context of the coronavirus outbreak

The European Commission has approved a €1.24 billion Italian scheme to support companies hiring young workforce in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

 
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16/09/2021

Commission approves 2022-2027 regional aid map for Slovakia

The European Commission has approved under EU State aid rules Slovakia's map for granting regional aid from 1 January 2022 to 31 December 2027. The Slovak regional aid map is among the first maps approved by the Commission within the framework of the revised Regional aid Guidelines (“RAG”).

 
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16/09/2021

Commission approves 2022-2027 regional aid map for Hungary

The European Commission has approved under EU State aid rules Hungary's map for granting regional aid from 1 January 2022 to 31 December 2027. The Hungarian regional aid map is among the first maps approved by the Commission within the framework of the revised Regional aid Guidelines (“RAG”).

 
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14/09/2021

Commission approves €3 billion French scheme to provide debt and capital support to companies affected by the coronavirus outbreak

The European Commission has approved, under EU State aid rules, French plans to set up a €3 billion fund that will invest through debt, hybrid and equity instruments in companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

 
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Court

16/09/2021

Commission v Belgium and Magnetrol International

In Case C-337/19 P, The Court of Justice set aside the 2019 judgment of the General Court in the Belgian “excess profit” case.
The General Court had annulled a 2016 Commission State aid decision on the Belgian practice of granting “excess profit” tax rulings to multinationals on procedural grounds. More specifically, it had found that the Commission had failed to establish the existence of an aid scheme and that the tax rulings should be assessed as individual measures under State aid rules. It did not express itself on whether or not the measure gave rise to illegal State aid.
In its judgment, the Court of Justice finds that the General Court erred in concluding that the Commission had not established that the “excess profit” exemption was granted under an aid scheme. It confirms that an aid scheme may be based on the consistent administrative practice of a Member State, also where the underlying legal act(s) do not explicitly set out all the characteristics of the scheme. The Court’s judgment further clarifies the conditions for the finding of an aid scheme in such circumstances. Finally, the Court finds that the Commission had established such a scheme to the requisite legal standard in the present case.
The Court of Justice has now referred the cases back to the General Court to rule on the remaining pleas in law put forward by Belgium and Magnetrol against the Commission’s 2016 decision. The General Court had already confirmed that it is within the Commission’s remit under State aid rules to review whether tax measures reducing a corporate taxpayer’s income tax base give rise to a selective advantage, a finding the Court of Justice has now confirmed. It further held that the “excess profit” tax exemptions granted by Belgium did not appear to pursue the objective of avoiding double taxation.
See also Curia press release.

 
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16/09/2021

FVE Holýšov I and Others v Commission
In Case C-850/19 P, the Court of Justice dismissed the appeal brought by FVE Holýšov and others against the General Court’s ruling in T-217/17 (C-850/19 P) relating to a Commission Decision concerning the promotion of electricity production from renewable energy sources. Furthermore, the Court declared that there is no need to adjudicate on the European Commission’s cross-appeal.
 
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15/09/2021

INC and Consorzio Stabile Sis v Commission
The Commission takes note of the judgment of the General Court finding that there is no longer any need to adjudicate on the action brought by INC and Consorzio Stabile SIS against a 2018 Commission State aid decision approving certain planned aid measures in favour of several Italian motorway operators.
In particular, the General Court found that the applicants do not longer have an interest in asking the Commission to initiate the formal investigation procedure, given that the Italian Government has definitively abandoned the plan to grant the aid at issue.
 
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15/09/2021

CAPA and Others v Commission
In Case T-777/19, the General Court dismissed an appeal against the Commission’s decision concerning State aid granted to French offshore windfarms, on the grounds that none of the applicants are ‘interested parties’.
See also Curia press release (in French).
 
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Public consultations

09/07/2021 - 17/09/2021

Public consultation on the draft revised Regulation on vertical agreements and vertical guidelines
Through the consultation, the Commission aims to gather stakeholder feedback on the changes it proposes to address the issues identified in the evaluation of the current rules.
See also EC press release.
 
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22/07/2021 - 23/09/2021

Revision of the Short-term export credit insurance Communication
The evaluation of the short-term export credit insurance Communication as part of the Fitness Check found that the current provisions are overall fit for purpose, and remain needed. The proposed revision envisages a small number of amendments, which would be mostly of technical character ...
 
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13/07/2021 - 05/10/2021

Horizontal agreements between companies – revision of EU competition rules

This initiative will revise:

  • the rules exempting R&D and specialisation agreements from aspects of EU competition law
  • the guidelines accompanying these rules.
 
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New legislation

Other relevant information:

Commission Decisions
SA Block exemptions
European Economic Area: EFTA State aid register, EFTA Block exemption information sheets and EFTA competition cases
Court: Judicial calendar of the Court
Miscellanea: European Commission Press corner: Latest Daily News and Base rates in force



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Published by the Competition Directorate General of the European Commission. The content of this publication does not necessarily reflect the official position of the European Commission. Neither the Commission nor any person acting on its behalf is responsible for the use which might be made of the above information.

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