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NEW RULES FOR RESCUING AND RESTRUCTURING STATE AID - SHARING BURDEN OF PRESENT TO SHARE GAINS OF FUTURE
Abstract
State aid for rescue and restructuring of companies in difficulty causes a significant distortion of market competition. Financed by taxpayers'money and in a sensitive era of EU economy getting back at its feet, state aid to companies facing difficulties called for additional ex ante control and filters to be applied. Thus, the European Commission introduced new Guidelines looking into more strict assessments of cases where rescue or restructuring aid is awarded. In addition, the burden must be shared between the companies' stakeholders and the State(s) giving appropriate aid, all for the benefit of final direct and indirect outcome: the successful company business operations and the return for the taxpayers. Though relatively newly introduced, the author will try to examine the implementation of the new Guidelines with the highlight of the context of burden sharing at the positive business and financial effects to the State as well as the taxpayers.
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References9
Communication from the Commission to the European parliament, the Council, the European economic and social committee and the Committee of the regions, EU State Aid Modernisation (SAM), COM(2012) 209 final, 8.5.2012
Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1–28)
Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 368, 23.12.1994, p. 12)
Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 283, 19.9.1997, p. 2)
Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 288, 9.10.1999, p. 2)
Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004, p. 2).
ibid [2]
Commission Staff working document, Impact Assessment, Accompanying the document Communication from the Commission, Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, SWD(2014) 228
Federal framework scheme for rescuing and restructuring SMEs in difficulties in Germany SA.40535 (OJ C 116, 1.4. 2015, p.7)
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