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24 May 2016

European Commission publishes guidelines regarding State aid

As part of the State Aid Modernization package, the European Commission (EC or Commission) published the Notice on the notion of State aid (Notice) on May 19. The notion of State aid is provided by art. 107(1) of the Treaty on the Functioning of the European Union (TFEU). The Notice is intended to assist public authorities in identifying when, in particular, public investments do not entail State aid in light of art. 107(1). However, it also contains general guidance on the scope and definition of the EU State aid rules as they are applied by the EC. The clarifications contained in the Notice reflect the case law of the Court of Justice of the European Union (CJEU) as well as the EC decisions approach. Accordingly, the Notice is an important tool to understand the EC positions and practice regarding State aid.

A Tax Alert prepared by Ernst & Young's EU Tax Services group, and attached below, provides additional details.

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ATTACHMENT

Full text of Tax Alert 2016-0908

Document ID: 2016-0908

 

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