EU consulting on revisions to state aid guidelines

EU consulting on revisions to state aid guidelines

The European Commission has invited feedback on proposed revisions to guidelines on state aid for rescuing and restructuring non-financial undertakings in difficulty.

The Rescue and Restructuring Guidelines set out the conditions under which aid to non-financial undertakings in difficulty may be considered in line with EU rules, in particular on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union (TFEU).

The Commission is proposing a number of revisions to the guidelines, which entered into force in 2014.

They include expanding the scope of the guidelines to include the steel sector, which is currently excluded, and making changes to the definition of an “undertaking in difficulty” (UiD).

These changes would include an amendment regarding certain types of innovative start-ups that have a specific growth model, which allows them to be eligible for aid under other state aid instruments.

Another would clarify certain parts of the definition, in particular the concept of “own funds” and its relationship with the equity and solvency of UiDs.

Technical changes to the guidelines are also proposed in light of a number of EU court judgments.

A call for evidence and a public consultation have been launched to collect information and stakeholder views on the planned revision, with a deadline of 14 November 2025.

Teresa Ribera, the Commission’s executive vice-president for clean, just and competitive transition, said: “Our revision of the Rescue and Restructuring Guidelines aims to align them with today’s economic reality while recognising the big impact that rescue and restructuring aid has on competition.

“To better understand where changes are most needed, we invite all public authorities, companies and other interested parties to participate in this crucial process and to actively share their insights.”

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