"Competition weekly e-news" Newsletter Issues

Commission approves €1 billion Finnish scheme to support companies in the context of Russia's war against Ukraine (23/03/2023)

The European Commission has approved a €1 billion Finnish scheme to support companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Commission clears the acquisition of VOO and Brutélé by Orange, subject to conditions (20/03/2023)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of VOO and Brutélé by Orange. The approval is conditional on full compliance with a commitments package offered by Orange.

Commission creates High-Level Group to provide advice and expertise in DMA implementation (23/03/2023)

The European Commission adopted a decision to establish a High-Level Group on the Digital Markets Act (DMA).
This High-Level Group may provide the Commission with advice and expertise to ensure that the DMA and other sectoral regulations applicable to gatekeepers are implemented in a coherent and complementary manner. It may also provide expertise in market investigations into emerging services and practices, to help ensure that the DMA is future-proof. The High-Level Group will have a mandate of two years and will meet at least once per year.

Commission carries out unannounced inspections in the energy drinks sector (21/03/2023)

On 20 March 2023, the European Commission has started unannounced inspections at the premises of a company active in the energy drinks sector in various Member States.

EU State aid: strong principles, in crisis and in change (20/03/2023)

Remarks delivered by EVP Vestager at the State aid and tax conference,
Copenhagen, 20 March 2023.
[...] "We are not out of the crisis period yet. Change remains the norm, and because of this, we will continue to react and act to achieve our priorities and defend our interests, including when it comes to State aid policy. [...]"

Pre-registration open for public officials: Series of mutual learning workshops on ‘State aid support for the social economy’ (28/03/2023)

The Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL) is organising a series of three mutual learning workshops to increase the use of State aid possibilities for the social economy by filling the potential knowledge gaps of participants with a more thorough understanding of State aid law.
The workshops are designed for public officials from national, regional and local public administrations of all 27 Member States and countries associated to the EaSI strand of ESF+, who design aid schemes at their administration level, with a direct interest in social economy and social enterprises.
Public officials are kindly invited to express their interest in participating in this series of mutual learning workshops by completing the pre-registration questionnaire by 28 March 2023.

Commission approves €650 million Slovenian scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (16/03/2023)

The European Commission has approved a €650 million Slovenian scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Commission clears acquisition of Borealis NITRO by AGROFERT (14/03/2023)

The European Commission has approved unconditionally, under the EU Merger Regulation, the acquisition of the nitrogen business of Borealis AG (‘Borealis NITRO') by AGROFERT Group. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area.

Towercast (16/03/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union in the Towercast case (C-449/21).
The judgment confirms that it is possible for a national competition authority to find that a concentration by a dominant undertaking constitutes an abuse of a dominant position under Article 102 the Treaty on the Functioning of the EU where that concentration has not been the subject of ex ante merger control, at either EU or national level.
See also Curia's press release (in PDF format).

American Airlines v Commission (16/03/2023)

The Commission takes note of the judgment of the Court of justice of the European Union upholding a 2020 judgment of the General Court. In its judgment, the General Court dismissed American Airlines’ action for annulment of a 2018 Commission decision. In its 2018 decision, the Commission awarded ‘Grandfathering rights’ (granting ownership of a slot on a permanent basis) to Delta Air Lines, pursuant to the commitments provided by American Airlines and US Airways to enable the Commission to declare their merger compatible with the internal market in 2013.
In its judgment, the Court fully upheld the Commission’s assessment and decision.

Commission adopts Temporary Crisis and Transition Framework to further support transition towards net-zero economy (09/03/2023)

The European Commission has adopted today a new Temporary Crisis and Transition Framework to foster support measures in sectors which are key for the transition to a net-zero economy, in line with the Green Deal Industrial Plan.
See also EVP Margrethe Vestager's blogpost to present Europe’s new Temporary Crisis and Transition Framework.

Commission amends General Block Exemption rules to further facilitate and speed up green and digital transition (09/03/2023)

The European Commission has endorsed a targeted amendment to the General Block Exemption Regulation ('GBER') to further facilitate, simplify and speed up support for the EU's green and digital transitions.

Commission approves amendment to Italian guarantee scheme, including up to €3 billion budget increase, in context of Russia's war against Ukraine (06/03/2023)

The European Commission has approved, under EU State aid rules, an amendment to an existing Italian guarantee scheme, including an up to €3 billion budget increase, for the reinsurance of natural gas and electricity trade credit risk in the context of Russia's war against Ukraine. The amendment was approved based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission confirms unannounced inspections in the fragrance sector (07/03/2023)

On 7 March 2023, the European Commission carried out unannounced inspections at the premises of companies and an association active in the fragrance industry in various Member States. In parallel, the Commission has sent out formal requests for information to several companies active in the same sector.

Les Mousquetaires and ITM Entreprises v Commission (09/03/2023)

The Commission takes note of the judgments of the Court of Justice of the European Union that annul 2017 Commission decisions ordering unannounced inspections at the premises of Casino, Intermarché and their retail alliance INCAA. These unannounced inspections were carried out as part of the Commission’s ex officio investigation into possible collusion between retailers.
The Commission will carefully study the judgments and reflect on possible next steps.
See also:

• Court's judgments in Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission (C-690/20) and Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission (C-693/20)
• Curia's press release (in PDF format).

Campine and Campine Recycling v Commission (08/03/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court upheld Campine’s claims (i) for compensation for the damage suffered as a result of the failure of the Commission to pay the default interest on the amount of the fine provisionally paid by the company and subsequently deemed undue by the General Court in 2019; and (ii) for the payment of default interest on that compensation.
We will carefully study the judgment and reflect on possible next steps.

Foreign Subsidies - a piece in the geopolitical puzzle (06/03/2023)

Keynote delivered by EVP Vestager for the Concurrences Conference on the Foreign Subsidies Regulation,
Brussels, 6 March 2023.
[...] "The role of the Foreign Subsidies Regulation is therefore to ensure fairness across the board: fairness vis-à-vis foreign subsidies, in a legal system consistent with the rule that we impose on ourselves under the State aid rules. Fairness is also imbedded in the new rules, in the form of a constructive balancing test that will secure duly justified subsidies [...]"

Markets for People: First debate in Modena, Italy (20/04/2023)

The Directorate-General for Competition is pleased to announce the first debate in the Markets for People series. It will take place at Fondazione San Carlo in Modena, Italy on 20 April, 2023. The title is Markets for People: La concorrenza e le sue regole al servizio della società [How competition and its rules can serve the people].
The Markets for People debate series is designed to clear the ground for an open and fact-based discussion on the economic and social implications of competition and its rules, and their impact on the daily lives of all citizens.
All debates – including Modena’s – are organized in close collaboration with national competition authorities, the European Commission Representations in EU countries, and local Europe Direct centers. The objective is to encourage local and national participation and address topics that resonate with the public opinion.
The debates are open to the public. You can also follow them live or on demand via the series’ portal.

COMP papers nominated for Antitrust Writing Awards 2023 (19/01/2023)

We are pleased to announce that a number of DG COMP colleagues have written papers which have been nominated in the Concurrences Antitrust Writing Awards 2023.
Three of the papers were nominated for the “Soft Law” section:

• Antitrust category: Joint statement by the European Competition N​etwork (ECN) on the application of competition law in the context of the war in Ukraine;
• Concerted Practices category: Guidelines on the application of Union competition ​law to collective agreements regarding the working conditions of solo self-employed persons 2022/C 374/02;
• Cross-Border Issues category: Guidelines on State aid for climate, environmental protection and energy 2022.

• Private enforcement category: The unsung harmony of Sumal and the Akzo line of case law, by Niklas Brueggemann;
• Cross-Border Issues category: The uneven playing field: How to deal with foreign subsidies when assessing mergers?, by Thibault Sire.

• Digital category: Mergers in Big Tech: An overview of EU and national case law, by Alessandro Massolo.

Survey of Practitioners on the Deterrent Effects of EU Competition Enforcement (13/01/2023)

A correct measurement of the deterrent effects EU competition enforcement is of crucial importance for determining the overall impact of competition policy enforcement, as such indirect effects largely outweigh the direct effect of competition policy interventions. The most commonly used method to estimate deterrent effects relies on surveys, which interrogate companies and their legal advisors about the effects of competition policy interventions on company behaviour. The aim of the present study is to provide an update of the existing survey-based evidence as regards the scale of the deterrent effects of EU competition policy enforcement.

Commission extends in-depth investigation into Germany's plans for early closure of lignite-fired power plants (02/03/2023)

The European Commission has extended the scope of its ongoing in-depth inquiry into Germany's plans to compensate lignite-fired power plants operators for the early phase out. The extended investigation concerns an amendment to the agreement between Germany and RWE for the accelerated lignite phase-out in the Rhenish lignite mining area.

Commission approves €2 billion French guarantee scheme to support energy-consuming companies in the context of Russia's war against Ukraine (01/03/2023)

The European Commission has approved a €2 billion French guarantee scheme to support energy-consuming companies in the context of Russia's war against Ukraine. The scheme was approved under EU State aid rules, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission approves €89.6 million Hungarian investment aid to Samsung SDI's electric vehicle battery plant (28/02/2023)

The European Commission has found Hungary's €89.6 million measure in favour of Samsung SDI to be in line with EU State aid rules. The investment aid will support the expansion of Samsung SDI's battery cell production facility for electric vehicle in Göd. The aid will contribute to the development of the region and to job creation, whilst preserving competition.

Commission sends Statement of Objections to Apple clarifying concerns over App Store rules for music streaming providers (28/02/2023)

The European Commission has sent a Statement of Objections to Apple clarifying its concerns over App Store rules for music streaming providers.

A Triple Shift for competition policy (02/03/2023)

Keynote delivered by EVP Vestager for the Keystone Conference,
Brussels, 2 March 2023.
[...] "one thing stands clear: whatever the multi-polar world order looks like; however digital we become; however much we advance on our green objectives, one thing will always be true – preserving fair competition will be our fundamental driver."

EVP Vestager welcome address to the 7th Battery Ministerial (01/03/2023)

Executive Vice-President Vestager's welcome address to the 7th Battery Ministerial,
Brussels, 1 March 2023.
[...] "What we are proposing is, first, to make the calculation of State aid simpler and its approval faster to accelerate the deployment of renewables and the decarbonisation of industrial processes. And second, to enable aid for accelerated investments in strategic sectors that are at risk of relocation, like batteries, of course." [...]

The DMA and app store related provisions (06/03/2023)

Workshop of 6 March 2023 on“The DMA and app store related provisions” to discuss how to ensure effective compliance with the Digital Markets Act.
This workshop will address issues such as alternative in-app payment systems, steering and sideloading.
The view of third parties, including but not exclusively of those who are potential beneficiaries of the Digital Markets Act, will be an important input in ensuring practicable, transparent, and effective compliance solutions.

Distortive foreign subsidies – procedural rules for assessing them (06/02/2023)

In June 2022, the Council and European Parliament provisionally agreed on a regulation to make foreign subsidies subject to the same scrutiny as EU subsidies.
This initiative sets out the rules on applying the regulation:

• procedures for notifying, and content of, notifications of concentrations and public procurement bids
• rules for calculating time limits
• procedural rules on preliminary reviews and in-depth investigations in cases of suspected distortive foreign subsidies.

Commission opens in-depth investigation into proposed acquisition of Asiana by Korean Air (17/02/2023)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Asiana by Korean Air. The Commission is concerned that the transaction may reduce competition in the markets for passenger and cargo air transport services between the European Economic Area (‘EEA') and South Korea.

Commission approves €3 billion French scheme to support companies in five outermost regions (24/02/2023)

The European Commission has approved, under EU State aid rules, a €3 billion French scheme to compensate companies in five French outermost regions for the additional costs borne when operating in those territories until 2027.

Commission approves €1.1 billion German scheme to support rail transport operators using electric traction (24/02/2023)

The European Commission has approved, under EU State aid rules, a €1.1 billion German scheme to compensate rail transport operators using electric traction in the context of the recent spike in electricity prices. The measure will contribute to ensuring that the rail sector remains competitive while preserving the environmental performance of electric rail, in line with the objectives of the Commission's Sustainable and Smart Mobility Strategy and of the European Green Deal.

The DMA and interoperability between messaging services (27/02/2023)

Workshop of 27 February 2023 on “The DMA and interoperability between messaging services”  to discuss how to ensure effective compliance with the Digital Markets Act.
This workshop will address issues such as end-to-end encryption, security or the identification of users across different messaging services
The Commission believes it important for all stakeholders to provide their input and views on various implementation questions, whilst fully respecting the letter and the spirit of the Digital Markets Act.
The view of third parties, including but not exclusively of those who are potential beneficiaries of the Digital Markets Act, will be an important input in ensuring practicable, transparent, and effective compliance solutions.

Commission approves €460 million Spanish measure to support ArcelorMittal decarbonise its steel production (17/02/2023)

The European Commission has approved, under EU State aid rules, a €460 million Spanish measure to support ArcelorMittal España (‘ArcelorMittal') in partially decarbonising its steel production processes. The measure will contribute to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping to reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves €55 million German measure to support ArcelorMittal's green steel demonstration plant (17/02/2023)

The European Commission has approved, under EU State aid rules, a €55 million German measure to support ArcelorMittal Hamburg GmbH (‘ArcelorMittal') in building a demonstration plant for the production of green steel using renewable hydrogen. The measure will contribute to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping to reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves up to €1.4 billion French aid measure to compensate Air France for the damage suffered due to the coronavirus pandemic (16/02/2023)

The European Commission has found a French support measure of up to €1.4 billion in favour of Air France to be in line with EU State aid rules. The measure aims at compensating the airline for the damage suffered between 17 March and 30 June 2020 due to the coronavirus pandemic and the travel restrictions in place to limit the spread of the virus.

Commission approves €259 million Romanian scheme under Recovery and Resilience Facility to support investments in batteries, photovoltaic cells and panels (15/02/2023)

The European Commission has approved, under EU State aid rules, a €259 million Romanian scheme, made available in part through the Recovery and Resilience Facility (‘RRF'), to support investments in the production, assembly and recycling of batteries, of photovoltaic cells and of panels. The scheme aims at supporting Romania's regional development and fostering the EU's strategic objectives relating to the green transition.

Commission approves €170 million Danish scheme to support renewable hydrogen production (15/02/2023)

The European Commission has approved, under EU State aid rules, a €170 million Danish scheme to support the production of renewable hydrogen through Power-to-X (‘PtX') technologies. The measure aims to contribute to the development of renewable hydrogen in line with the objectives of the EU Hydrogen Strategy and the European Green Deal. The scheme will also contribute to the objectives of the REPowerEU Plan to end dependence on Russian fossil fuels and fast forward the green transition.

Commission approves €2.08 billion French measure to support offshore wind energy generation (13/02/2023)

The European Commission has approved, under EU State aid rules, a €2.08 billion French measure to support offshore wind electricity production in France. The measure will contribute to achieving France's energy and environmental targets, as well as the objectives relating to the EU's Offshore Renewable Energy Strategy and the European Green Deal.

Commission opens in-depth investigation into the proposed acquisition of Inmarsat by Viasat (13/02/2023)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission is concerned that the transaction may allow Viasat to reduce competition in the market for the supply of broadband in-flight connectivity (‘IFC') services to commercial airlines.

Commission clears creation of a joint venture by Deutsche Telekom, Orange, Telefónica and Vodafone (10/02/2023)

The European Commission has approved unconditionally, under the EU Merger Regulation, the creation of a joint venture by Deutsche Telekom AG Orange SA, Telefónica S.A. and Vodafone Group plc. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area (‘EEA').

Tráficos Manuel Ferrer (16/02/2023)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union on the compatibility of a national procedural rule on the repartition of legal costs in the context of actions for damages with the principle of effectiveness.
In its judgment, the Court also clarified the conditions under which a national court can estimate the harm caused by a cartel, as foreseen by Article 17(1) of Directive 2014/104/EU (‘Damages Directive’).
See also Curia's press release (in PDF format).

Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy (17/02/2023)

You can follow the first Africa-EU Competition Conference : Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy hosted by the Le Collège d'Europe in Bruges, Belgium via Zoom (Password Africa-EU).

The Markets for People debate series (17/02/2023)

DG Competition will hold five debates in mid-sized towns and cities in different parts of Europe between spring 2023 and early 2024.
We are inviting local and national personalities to continue the conversation we started with the Making Markets Work for People conference. We will ask them to debate the ultimate economic and social impact of competition and competition policy on people’s lives The events are highly localised. The five speakers will include a political leader, an independent scholar, a colleague from the national competition authority and representatives from business and civil society or the media.
We will try to involve household names. The goal is extending the reach outside our usual competition audiences. The debates are open to the public onsite and online. They will be broadcast live and on demand.

Commission seeks feedback on the implementation of the Foreign Subsidies Regulation (06/02/2023)

The Commission invites stakeholders to give feedback on the implementation of the Foreign Subsidies Regulation (‘FSR'). The draft Implementing Regulation clarifies practical and procedural aspects related to the application of the new EU rules to address distortions caused by foreign subsidies in the Single Market. The feedback period will last 4 weeks. Interested parties are invited to submit their comments by 6 March 2023.

Commission approves €1.36 billion Greek scheme to compensate energy-intensive companies for indirect emission costs (07/02/2023)

The European Commission has approved, under EU State aid rules, a Greek scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs under the EU Emission Trading System (‘ETS').

Commission approves €1.5 billion French scheme to support protection against the insolvency of travel organisers (06/02/2023)

The European Commission has approved, under EU State aid rules, a €1.5 billion French scheme to support insurers that cover travel organisers' insolvency. The aim of the scheme is to preserve the protection of travellers in the event of insolvency of a travel organiser.

Commission clears the acquisition of MBCC by Sika, subject to conditions (08/02/2023)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of MBCC by Sika. The approval is conditional on the divestiture of MBCC's global chemical admixture business.

Carpatair v Commission (08/02/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court partially annulled a 2020 Commission’s State aid decision. In its decision, the Commission concluded that some investment projects at Timisoara Airport (publicly financed from 2007 – 2009) did not constitute State aid and that other investment projects were compatible with the internal market. This was not challenged by the action for annulment brought by Carpatair. In its decision, the Commission also concluded that the 2007, 2008 and 2010 schemes of airport charges, including their discounts and rebates, were not selective and therefore did not constitute State aid. Finally, the Commission found that the 2008 Agreements (including the 2010 Amendment Agreements) signed between the Airport Manager and Wizz Air were concluded under normal market conditions and therefore did not constitute State aid.
In its judgment, the General Court annulled the 2020 decision with regard to the Commission’s assessment of the 2010 scheme of airport charges, including their discounts and rebates, as well as the 2008 Agreements with Wizz Air (including 2010 Amendment Agreements).
We will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

PBL and WA v Commission (08/02/2023)

The Commission takes note of today’s judgment of the General Court, dismissing the application for annulment of a 2021 Commission letter. In its 2021 letter, the Commission rejected a complaint submitted by an individual member of Football Club Barcelona alleging the existence of unlawful aid to the football club Paris Saint Germain (PSG).
In its judgment, the General Court confirmed the Commission’s conclusion that the complainant cannot be considered an interested party within the meaning of Regulation (EU) 2015/1589 on the application of State aid rules.

Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy (17/02/2023)

The first Africa-EU high-level conference Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy is now open for registrations.
The conference will take place on February 17th, as conclusion of the second Africa-EU Competition Week, which will take place from 13 to 16 February at the College of Europe in Bruges, Belgium. It will provide a platform to discuss major developments and challenges in competition policy in Africa and the EU. Leading academics, practitioners as well as officials from the EU, EU Member States and more than 25 African regional and national authorities will take part in the Conference.

Commission consults Member States on proposal for a Temporary Crisis and Transition Framework (01/02/2023)

The European Commission has sent to Member States for consultation a draft proposal to transform the State aid Temporary Crisis Framework into a Temporary Crisis and Transition Framework to facilitate and accelerate Europe's green transition. This proposal is part of the Green Deal Industrial Plan, also presented today – in particular, it contributes to its second pillar aiming at ensuring faster access to funding for companies operating in the EU.

Commission approves €104 million Croatian scheme to support energy-intensive companies (31/01/2023)

The European Commission has approved, under EU State aid rules, a €104 million Croatian scheme to reduce an electricity consumption levy imposed on energy-intensive companies. The scheme aims at mitigating the risk that, due to this levy, energy-intensive companies may relocate their activities to locations outside the EU with less ambitious climate policies. In addition, the scheme contributes to the achievement of EU's climate and environmental objectives set out in the European Green Deal.

Commission approves €1.6 billion Romania measure to capitalise new investment and development bank (31/01/2023)

The European Commission has approved, under EU State aid rules, a €1.6 billion Romanian measure to set-up the Romanian Investment and Development Bank (‘the Bank'). The Bank aims at supporting economic and social development, competitiveness, innovation and growth across Romania's economy.

Commission approves €600 million Slovak scheme to support its economy in the context of Russia's war against Ukraine (31/01/2023)

The European Commission has approved a €600 million Slovak scheme to support its economy in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Spain v Commission (02/02/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union, partially annulling a 2020 judgment of the General Court and a 2013 Commission decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. The Commission therefore ordered Spain to recover the aid.
In its judgment, the Court of Justice upholds the Commission’s finding that the Spanish scheme is selective and constitutes State aid. Nevertheless, the Court finds that the Commission erred in ordering recovery solely from the economic interest grouping and their investors.
The Commission will carefully assess the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

Commission v Braesch and Others (31/01/2023)

The Commission takes note of the judgment of the Court of Justice setting aside a 2021 judgment of the General Court.
In its judgment, the Court of Justice found that the bondholders of the Italian bank Monte dei Paschi di Siena (‘MPS’) were not “interested parties” within the meaning of the State aid Procedural Regulation (i.e. they were not affected by the granting of the aid) and had therefore no standing to challenge the 2017 Commission’s decision. In its 2017 decision, the Commission had approved Italy's plan to support a precautionary recapitalisation of MPS under EU State aid rules, on the basis of an effective restructuring plan.

Proposal for a State aid Temporary Crisis and Transition Framework (02/02/2023)

Remarks by Executive Vice-President Vestager on the proposal for a State aid Temporary Crisis and Transition Framework,
Brussels, 1 February 2023.
[...] "This is a broad, far-reaching temporary proposal of changes to our current State aid system. But looking at the whole proposal, I would urge Member States to focus on the second component. Because using State aid to establish mass production and to match foreign subsidies is something new. And it is not innocent. It comes with significant risks for the integrity of the Single Market. And for our cohesion. And because of that, also for our unity." [...]

Commission approves €21 million Polish scheme to compensate tourism sector for damages suffered due to restrictive measures at the Polish-Belarusian border (26/01/2023)

The European Commission has approved, under EU State aid rules, a €21 million (PLN 100 million) Polish scheme to compensate companies active in the tourism sector for damages suffered as result of the restrictive measures adopted by Poland in response to the instrumentalisation of migrants by the Belarusian authorities at the EU's external border.

Società Navigazione Siciliana v Commission (25/01/2023)

The Commission takes note of the judgment of the General Court upholding a 2021 State aid decision.
In the decision, the Commission concluded that the public service compensation granted since 2009 to Siremar and later to its acquirer Società di Navigazione Siciliana for the operation of ferry services in Italy is in line with EU State aid rules. However, the Commission found that the exemptions from certain taxes, which were granted to Siremar and Società di Navigazione Siciliana in the context of the privatisation of Siremar, constituted aid incompatible with the internal market. The Commission therefore ordered Italy to recover the aid.
In its judgment, the General Court fully upheld the Commission’s assessment.

GEA Group v Commission (25/01/2023)

The Commission takes note of today’s judgment of the General Court. In its judgment, the General Court dismissed GEA’s appeal against a 2016 Commission decision amending a previous one adopted in 2009. In its 2009 decision, the Commission imposed a fine of €3.3 million on GEA for participating in a cartel in the heat stabilisers sector. In 2016, the Commission adopted an amending decision maintaining GEA’s fine but reducing the fine imposed on another addressee, in application of the legal fine ceiling.
The General Court confirmed that the Commission did not infringe procedural rules or GEA's rights of defence in adopting the 2016 amending decision. It also upheld the method of calculation of the fine applied by the Commission.

State aid High Level Forum of Member States (25/01/2023)

Speech by Executive Vice-President Margrethe Vestager,
State aid High Level Forum of Member States, Brussels,
25 January 2023.
[...] "We also need to complete the Single Market: reducing barriers and regulatory burden, enforcing existing rules. The untapped potential of the Single Market can bring much more than what State aid will ever be able to deliver. The benefits of removing Member State-level barriers to the Single Market for goods and services alone could amount to €713 billion by the end of 2029.
We must make sure that the word ‘green’ doesn’t become a euphemism for a new kind of protectionism." [...]

Europe’s Green Industrial Future (25/01/2023)

Speech by Executive Vice-President Margrethe Vestager,
Cleantech for Europe Summit, Brussels,
25 January 2023.
[...] "But more may be needed in sectors strategic for the green transition and impacted both by high, volatile, unpredictible energy prices and by large amounts of subsidies in third countries. That’s why we are working on simplifying our State aid rules and speeding up the use of those rules. We have red lines too. One is that we will not sacrifice the Single Market. Because as said, a well-functioning Single Market is part of the engine that will make this work." [...]

Commission approves €100 million Austrian measure to reduce electricity consumption in the context of Russia's war against Ukraine (19/01/2023)

The European Commission has approved a €100 million Austrian measure to reduce peak electricity consumption in Austria in the context of Russia's war against Ukraine. This is the first measure aimed at supporting electricity consumption reduction that the Commission has approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission opens in-depth investigation into French support measures in favour of Fret SNCF (18/01/2023)

The European Commission has opened an in-depth investigation to assess whether certain French support measures in favour of Fret SNCF are in line with EU State aid rules.

Unilever Italia Mkt. Operations (19/01/2023)

The Commission takes note of the preliminary ruling by the Court of Justice clarifying the interpretation of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position.
The Commission will carefully study the judgment.
See also Curia's press release (in PDF format).

Remarks by EVP Vestager at the ceremony on the 30th Anniversary of the Single Market (16/01/2023)

Remarkst by Executive Vice-President Vestager,
EP Plenary session - Ceremony on the 30th Anniversary of the Single Market, Strasbourg
16 January 2023.
[...] "More ambition and more efforts are needed to simply pursue further the integration of the Single Market.
There are intense discussions about how to improve Europe's competitiveness and accelerate the twin transition.
We are looking at our State aid rules to amend and simplify them where necessary. It can be a short-term boost. But we don't build competitiveness out of subsidies. This must be a temporary adjustment." [...]

Foreign Subsidies Regulation video (16/01/2023)

Please check this animation highlighting the key points addressed in the EU’s Foreign Subsidies Regulation. Moreover, you can also check this infographic summarising the main aspects of the Regulation.