State Aid and EU funding: are they compatible?

16-04-2018

State aid involves the transfer of state resources. These are resources which are controlled by public authorities. EU funds which are granted directly to undertakings without coming under the control of a public authority of a Member State cannot be considered to be state resources. However, EU funds channelled through managing authorities become state resources and can constitute state aid if all the other criteria of Article 107(1) TFEU are satisfied.

State aid involves the transfer of state resources. These are resources which are controlled by public authorities. EU funds which are granted directly to undertakings without coming under the control of a public authority of a Member State cannot be considered to be state resources. However, EU funds channelled through managing authorities become state resources and can constitute state aid if all the other criteria of Article 107(1) TFEU are satisfied.

External author

Professor Phedon Nicolaides