European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

Certain types of aid measures are subject to examination by the Commission in close cooperation with the Member State concerned within an accelerated timeframe . Other measures remain subject to the appropriate procedures and to the Commission's Code of Best Practice .
1º) Scope of application
The simplified procedure applies to aid measures falling within the “standard assessment” sections of exi …

Simplified procedure

Certain types of aid measures are subject to examination by the Commission in close cooperation with the Member State concerned within an accelerated timeframe . Other measures remain subject to the appropriate procedures and to the Commission's Code of Best Practice .

The simplified procedure applies to aid measures falling within the “standard assessment” sections of existing frameworks or guidelines, which are not covered by the General Block Exemption Regulation No 651/2014, such as risk capital measures, environmental investment aid, aid for young innovative enterprises, aid for innovation clusters, aid for process and organizational innovation in services, ad hoc regional aid, rescue and/or restructuring schemes, export credits and audiovisual support schemes, provided that the notified measures meet prima facie the conditions set out in each applicable horizontal instrument .

The simplified procedure also applies to aid measures corresponding to well-established Commission decision-making practice adopted within the last ten years, where the measure meets, after the pre-notification, the substantive and procedural requirements set out by the precedent decisions , such as, inter alia, aid measures for the preservation of national cultural heritage, aid schemes for theatre, dance and music activities, un-transparent ad hoc aid, which meets the conditions of Regulation No 651/2014, but is excluded from its scope of application, measures supporting the development of local infrastructures, the prolongation or modification of existing schemes.

Only aid notified on the basis of Article 108 falls within the scope of the simplified procedure. The notification must clearly establish that the measure in question falls into one of the eligible categories. A notification which is not complete or contains misleading or incorrect information will prevent the simplified procedure from being implemented. Likewise, the notice provides for a reversion to the normal procedure under special circumstances, such as novel technical issues, where the beneficiary is an undertaking which is subject to an outstanding recovery order for unlawful aid or a third party expresses substantiated doubts as to the compatibility of the aid concerned.

In the course of the pre-notification stage, the Member State granting the aid submits to the EU authority its draft notification form with the required information and the relevant precedent decisions if appropriate. A first contact is organized within two weeks from the launch of the pre-notification. Within five working days after the last contacts, the Commission services inform the Member State concerned whether the measure falls within the scope of the simplified procedure. If so, this means that the formal notification alone will enable the Commission to authorize the measure without it being necessary to ask for further information or make a request for information.

3º) Notification and short-form decision

Within two months following the communication from the Commission services, the State granting the aid notifies the aid measure. A summary is published on the Commission's website in order to enable third parties to submit observations within ten working days. The Commission issues a short-form decision if the measure fulfils the conditions of application of the simplified procedure. This decision, which must be adopted within twenty working days from the notification, takes the form of a no aid or no objections decision pursuant to Article 4(2) or 4(3) of Regulation No 2015/1589.

Commission Notice of 29 April 2009 on a simplified procedure for treatment of certain types of State aid.

Code of Best Practice for the conduct of State aid control procedures of 29 April 2009, which intends to make procedures as productive and efficient as possible.

Type of beneficiaries, eligible costs, aid intensities and bonuses, individual notification ceiling or maximum aid amount, type of aid instrument used, incentive effect, transparency requirements, exclusion of beneficiaries which are subject to an outstanding recovery order (Deggendorf: Case C-355/95 P Textilwerke Deggendorf GmbH v Commission [1997] ECR I-2549, LawLex200500005106JBJ; Case T-244-93 TWD Textilwerke Deggendorf GmbH v Commission [1995] ECR II-2265, LawLex200500005007JBJ).

Objectives and overall set-up of the aid, types of beneficiaries, eligible costs, individual notification ceilings, aid intensities, cumulation provisions, incentive effect, transparency requirements.

European Competition Law

439. Simplified procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

439. Simplified procedure

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise