State aid: Commission adopts new Notice on recovery of illegal State aid
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The European Commission has adopted a new Notice on the implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid (the “Recovery Notice”). The new Recovery Notice replaces the 2007 Recovery Notice. As the 2007 Recovery Notice, the new Notice is primarily addressed to the authorities of the Member States in charge of implementing Commission decisions ordering recovery of illegal State aid. It explains the European rules and procedures governing the recovery of State aid and how the Commission works with Member States to ensure compliance with their obligations with respect to recovery. Since the adoption of the 2007 Recovery Notice the Commission’s practice and the case law of the Union Courts has evolved. The new Recovery Notice takes stock of those developments. It explains in greater detail how the Commission may assist Member States during the recovery phase, for instance by organising kick-off meetings, as well as by sharing documents and working methods plans. Furthermore, compared to the existing Notice, the new Notice provides specific guidance to Member States on the quantification of the aid to be recovered and on the identification of the “beneficiaries”, i.e. the companies that benefitted from the illegal State aid. It also includes specific sections with detailed explanations on how to implement recovery in case of tax reliefs, insolvency proceedings and restructuring. Finally, a new contact point is available for queries: comp‑recovery‑state‑aid@ec.europa.eu. The new Recovery Notice takes into account comments received in a public consultation that ended in April 2019. The Commission has also consulted the Member States and the EFTA Surveillance authority.
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