State aid refers to direct or indirect advantages of any kind granted by the state or through state resources that distort or threaten to distort competition by favoring certain companies or sectors of production, thereby affecting trade between member states. This includes, among other things, grants, subsidized loans, and guarantees. If the state selectively grants such aid to companies, this can distort competition within Europe. For this reason, state aid is only permitted in specific exceptional cases and under strict legal regulations set out by the European Commission. The legal framework for this is laid down in Articles 107 to 109 of the Treaty on the Functioning of the European Union (TFEU) and in numerous regulations. Detailed information can be found in the links below.
Regulations and guidelines
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Download Guidelines for State aid for environmental protection and energy 2014–2020Guidelines for State aid for environmental protection and energy 2014–2020
914 KB
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Download Guidelines for State aid for environmental protection and energy 2014–2020Guidelines for State aid for environmental protection and energy 2014–2020
1 MB
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Download AGVO 651-2014 as of 07/01/2023AGVO 651-2014 as of 07/01/2023
595 KB
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Download Community framework for R&D&I Status as of October 28, 2022Community framework for R&D&I Status as of October 28, 2022
1 MB
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Download New transparency regulations From July 1, 2016New transparency regulations From July 1, 2016
140 KB
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Download Commission Notice on the Concept of State AidCommission Notice on the Concept of State Aid
763 KB
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Download PM State aidPM State aid
64 KB
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Download Guidelines on regional aidGuidelines on regional aid
668 KB
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Download De minimis Regulation 2023/2831De minimis Regulation 2023/2831
595 KB
Notices
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Download Communication BReg - HT.4939Communication BReg - HT.4939
3 KB
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Download Communication on State Aid TransparencyCommunication on State Aid Transparency
103 KB
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Download Communication from the CommissionCommunication from the Commission
466 KB
Information from the BMWE on state aid law
The following files provide guidance from the German Federal Ministry for Economic Affairs and Energy (BMWE) on EU state aid law. For an initial overview of the relevance to state aid, we recommend reading the file "Guide and Self-Test".
The funding criteria required for the implementation of the ERDF Operational Programme 2014-2020 and their implementation must comply with EU state aid law. It should be noted that both the European Commission and the European Court of Auditors (ECA) are focusing their audits on the compliance of funded projects with EU state aid law during the 2014-2020 funding period. Therefore, the project manager must document not only the compliance of the funding criteria with EU state aid law, but also – if applicable to the respective project – the compliance with EU state aid law before the projects are approved, in a comprehensible and comprehensive manner. For this reason, if audits under EU state aid law are required for each individual project, this must also be documented in the checklists. The documentation must be submitted to the VB, the KOM, the EUA or the TRH upon request.
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Download Notice of the Commission on the recovery of unlawful State aid, incompatible with the domestic market.Notice of the Commission on the recovery of unlawful State aid, incompatible with the domestic market.
1 MB
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Download Handbook on State Aid Law BMWE Ea6 - Status: January 15th, 2016Handbook on State Aid Law BMWE Ea6 - Status: January 15th, 2016
597 KB
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Download Guide and Self-TestGuide and Self-Test
826 KB
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Download Awareness paper (1) one-off aid - Status: February 18th, 2016Awareness paper (1) one-off aid - Status: February 18th, 2016
31 KB
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Download Awareness paper (2) State-owned holding companies - Status: February 18th, 2016Awareness paper (2) State-owned holding companies - Status: February 18th, 2016
31 KB
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Download Awareness Paper (3) Privatisation of Public Procurement - Status: February 18th, 2016Awareness Paper (3) Privatisation of Public Procurement - Status: February 18th, 2016
30 KB
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Download Awareness Paper (4) Governement Guarantee Schemes - Status: February 18th, 2016Awareness Paper (4) Governement Guarantee Schemes - Status: February 18th, 2016
31 KB
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Download Awareness Paper (5) EU Funding - Status: February 18th, 2016Awareness Paper (5) EU Funding - Status: February 18th, 2016
21 KB
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Download Awareness Paper (6) Company Taxation - Status: June 2016Awareness Paper (6) Company Taxation - Status: June 2016
22 KB
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Download Awareness Paper (7) Legislative Amendments - Status: February 18th, 2016Awareness Paper (7) Legislative Amendments - Status: February 18th, 2016
30 KB
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Download Awareness Paper (8) Land Sales - Status: June 2016Awareness Paper (8) Land Sales - Status: June 2016
29 KB
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Download Awareness Paper (9) Incentive Effect - Status: March 2016Awareness Paper (9) Incentive Effect - Status: March 2016
33 KB
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Download Awareness Paper (10) Regional National Discrimination - Status: March 2016Awareness Paper (10) Regional National Discrimination - Status: March 2016
30 KB
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Download Awareness Paper (11) Amendment of Aid Schemes - Status: February 18th, 2016Awareness Paper (11) Amendment of Aid Schemes - Status: February 18th, 2016
29 KB