COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Report on Competition Policy 2021
Date: 2022-08-26
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, State aid, anti-trust legislation, competitiveness, control of State aid, control of restrictive practices, merger control, restriction on competition, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 26.8.2022  SWD(2022) 188 final/2  CORRIGENDUM  This document corrects document SWD(2022) 188 final accompanying COM(2022) 337 final of 14.07.2022. Corrections concern the English language version. Correction of the date of adoption. The date of adoption should be 14.07.2022, not 13.07.2022.  Text modifications on p.p. 4, 5, 10, 22, 23, 24, 33, 60, 63, 68, 73, 75, 77, 84, 91, 100, 103 and 108.  Modification of footnotes 6 (substitution of link), 54 (substitution of link), 141, 158, 312 and 332.    The text shall read as follows: COMMISSION STAFF WORKING DOCUMENT                          Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Report on Competition Policy 2021 {COM(2022) 337 final}  
 
 
CONTENTS 

INTRODUCTION ...................................................................................................................... 3 

1.  Antitrust and cartels ............................................................................................................ 5 

1.1. 

Review of antitrust rules and guidance ................................................................. 6 

1.2. The fight against cartels remains a top priority ............................................................... 9 

1.3. Important judgments by the European Union Courts .................................................... 11 

1.4. Cooperation within the European Competition Network and with national courts ...... 16 

2.  Merger control .................................................................................................................. 18 

2.1. Recent enforcement trends ............................................................................................ 18 

2.2. Review of merger control rules and guidance ............................................................... 21 

2.3. Significant judgments by the Union Courts in merger control ...................................... 22 

3.  State aid control ................................................................................................................ 22 

3.1. Temporary Framework for State aid measures to support the economy in the current 
COVID-19 outbreak ................................................................................................................. 23 

3.2. Facilitating the exit from the pandemic – Recovery and Resilience Facility (RRF) ..... 26 

3.3. State aid for horizontal objectives ................................................................................. 26 

Strengthening  the  Commission  toolbox  –  a  new  policy  initiative  redressing 
3.4. 
distortive foreign subsidies ................................................................................................... 34 

3.5. Monitoring, recovery and cooperation with national courts .......................................... 34 

4.  Developing the international dimension of EU competition policy ................................. 41 

4.1. 

4.2. 

Multilateral relations ........................................................................................... 41 

Bilateral relations ................................................................................................ 42 

5. Supporting EU competition law enforcement ...................................................................... 43 

5.1. Digital transformation.................................................................................................... 43 

5.2. Single Market Programme ............................................................................................. 44 

5.3. External Communication and Advocacy ....................................................................... 45 

1 

 
II. SECTORAL OVERVIEW .................................................................................................. 46 

1. ENERGY & ENVIRONMENT ................................................................................................... 46 

2. INFORMATION AND COMMUNICATION TECHNOLOGIES AND MEDIA ................................. 51 

3. FINANCIAL SERVICES ........................................................................................................... 59 

4. BASIC INDUSTRIES AND MANUFACTURING .......................................................................... 66 

5.  AGRI-FOOD INDUSTRY ...................................................................................................... 69 

5.1 Overview of key challenges in the sector ........................................................................ 69 

6. PHARMACEUTICAL AND HEALTH SERVICES SECTORS ........................................................ 72 

7. TRANSPORT, TOURISM, AND POSTAL SERVICES .................................................................. 75 

8. TAXATION AND STATE AID................................................................................................... 84 

ANNEX 1 

State  aid  decisions  adopted  under  the  Temporary  Framework  for  State 
aid measures in 2021 by country 

ANNEX II 

State aid decisions COVID -19 related, adopted directly under the Treaty 
by country 

ANNEX III  Banking State aid cases: Decisions adopted by the Commission in 2021 

by country 

2 

 
 
 
 
 
INTRODUCTION 

The Report on Competition Policy 2021 and this Staff Working Document provide the second 
account of the competition policy developments under the Commission led by President von 
der Leyen. Covering the developments in EU competition policy in 2021, it also is the 51st 
year the Commission submits such a report. 

As the lessons from the most severe pandemic in more than 100 years have shown across the 
EU,  a  robust  competition  policy  and  its  effective  enforcement  is  more  important  than  ever. 
EU  competition  policy  preserves  and  strengthens  the  Single  market,  benefits  consumers, 
businesses and society alike.  

In  2021,  EU  competition  policy  continued  to  play  an  important  role  in  the  EU’s  efforts  to 
respond to and overcome the health and economic crisis due to the COVID-19 pandemic. The 
Temporary Framework for State aid measures to support the economy in the current COVID-
19  outbreak  (Temporary  Framework  for  State  aid  measures)1  enabled  necessary  and 
proportionate  support  by  Member  States  to  businesses,  especially  small  and  medium-sized 
enterprises (‘SMEs’), in risk because of the pandemic, while limiting negative effects on the 
internal market. To address the consequences of the current political and economic situation 
in Europe due to Russia’s invasion of Ukraine, the Commission will again use the flexibility 
of  the  State-aid  policy  toolbox,  which  will  enable  Member  States  to  tackle  the  negative 
economic effects of the new emergency. 

Despite  the  pandemic  continuing  worldwide,  the  enforcement  of  EU  competition  rules 
remained  at  a  very  high  level  in  2021.  In  addition  to  the  675  COVID-19  related  State  aid 
decisions  adopted  in  2021,  the  merger  control  activity  remained  effective  with  396  merger 
decisions  adopted  by  the  Commission.  Also  in  antitrust  and  cartels  the  Commission  took 
important  enforcement  actions  to  address  competition  infringements  and  imposed  a  total  of 
EUR  1  746  million  in  fines.  The  decisions  covered  numerous  sectors  such  as  financial 
markets,  railway  transport  services,  car  emissions,  food  and  biofuels.  In  addition,  the 
Commission  closely  cooperated  and  coordinated  on  related  competition  issues  in  the 
European Competition Network (ECN). 

As  set  out  in  its  Communication  on  a  Competition  Policy  fit  for  new  challenges2,  the 
Commission  is  undertaking  an  unprecedented  review  of  EU  competition  policy,  covering 
more  than  20  sets  of  rules  with  the  objective  of  making  sure  that  EU  competition  policy 
instruments  remain  future-proof  and  support  the  EU’s  green  and  digital  transitions,  the 
recovery process and the response to economic developments and to strengthen the resilience 
of the Single Market. 

In 2021, progress was also made by co-legislators as regards the Commission proposal for the 
Digital  Markets  Act  and  the  Regulation  on  foreign  subsidies  distorting  the  internal  market. 
Finally, in the area of merger control, the Commission took measures, such as the acceptance 
of electronic notifications, to ensure business continuity for companies notifying transactions 

1 https://ec.europa.eu/competition-policy/state-aid/coronavirus/temporary-framework_fr 
2 Communication  from the Commission to the  European Parliament,  the Council, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions  -  A  competition  policy  fit  for  new  challenges, 
COM(2021)713, 18.11.2021. 

3 

 
                                                 
while  ensuring  compliance  with 
implementation of the EU merger rules. 

legal  obligations  and  continued 

to  safeguard 

the 

The  present  Staff  Working  Document  is  composed  of  two  parts.  The  first  part  presents  the 
main  developments  in  2021  across  the  three  competition  instruments:  State  aid,  antitrust 
(including cartels) and mergers. In the second part, specific enforcement actions are detailed 
in a sectoral overview. 

4 

 
I. 

MAIN DEVELOPMENTS IN COMPETITION POLICY AND ENFORCEMENT  

1. 

ANTITRUST AND CARTELS 

Articles 101, 102 and 106 TFEU 
According  to  Article  101  TFEU,  anti-competitive  agreements  are  prohibited  as  incompatible  with  the  internal 
market.  Article  101  TFEU  prohibits  agreements  with  an  anti-competitive  object  or  effects  where  companies 
coordinate  their  behaviour  instead  of  competing  independently.  However,  even  if  a  horizontal  or  a  vertical 
agreement could be viewed as restrictive it might be allowed under Article 101(3) TFEU if it ultimately fosters 
competition (for example by promoting technical progress or by improving distribution).  
Article 102 TFEU prohibits abuse of a dominant position. It is not in itself illegal for an undertaking to be in a 
dominant position or to acquire such a position. Dominant undertakings, as any other undertaking in the market, 
are entitled to compete on the merits. However, Article 102 TFEU prohibits the abusive behaviour by dominant 
undertakings  that,  for  example,  directly  or  indirectly  impose  unfair  purchase-  or  selling  prices  or  other  unfair 
trading conditions.  
Finally, Article 106 TFEU prevents Member States from enacting or maintaining in force measures contrary to 
the  Treaty  rules  regarding  public  undertakings  and  undertakings  to  which  Member  States  grant  special  or 
exclusive rights. 

Preserving  market  discipline  to  secure  the  functioning  of  the  Single  Market  is  essential 
especially  in  times  of  crisis.  Effective  enforcement  of  the  EU  competition  rules  is  of  vital 
importance  to  the  digital  transformation  of  the  EU  economy  and  to  preserve  the  Single 
Market’s competitiveness and ability to adapt. Antitrust enforcement can contribute in tearing 
down remaining barriers to the Single Market and eliminating restrictions in the development 
of clean technologies and the free flow of resources necessary for the circular economy and 
the European Green Deal’s objectives. The present Staff Working Document highlights recent 
antitrust  and  cartel  decisions,  while  the  graphs  below  give  an  overview  of  antitrust 
enforcement activity in the past ten years, including also decisions rejecting complaints.  

In  2021,  the  Commission  made  substantial  progress  on  its  ambitious  review  of  competition 
policy, covering a number of its key block exemption regulations, guidelines and notices.  In 
November 2021, the Commission  adopted a  Communication on a competition policy fit for 
new  challenges3,  which  underlined  the  role  of  competition  policy  for  the  post-pandemic 
economic  recovery,  for  the  green  and  digital  transitions  and  for  a  resilient  Single  Market. 
Alongside  enforcement,  reforms  are  crucial  to  ensure  competition  policy  remains  fully 
effective.  In  2021,  the  Commission  advanced  on  its  review  agenda  encompassing  a  large 
number  of  its  key  block  exemption  regulations,  guidelines  and  notices  as  well  as  moved 
forward the work on a number of ongoing initiatives to ensure fair competition in the Single 
Market. 

3  Communication from the Commission to the European Parliament,  the  Council, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions,  A  competition  policy  fit  for  new  challenges, 
COM(2021)713, 18.11.2021.  

5 

 
 
 
 
 
 
                                                 
Antitrust and cartel decisions 2012-2021  

20

18

16

14

12

10

8

6

4

2

0

Rejection of complaint decisions

19

12

4

2

5

4

9

7

5

3

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Source: Directorate-General for Competition

1.1. Review of antitrust rules and guidance 

In 2021, the Commission advanced on its review of antitrust rules and guidance to ensure that 
they are fit for a changing market environment, including the accelerating digitalisation of the 
economy  and  presented  a  new  initiative  on  the  application  of  competition  law  to  collective 
agreements for the solo self-employed. 

6 

 
 
 
 
 
1.1.1. COVID-19 pandemic related guidance 

The  Temporary  Framework  for  State  aid  measures  for  assessing  antitrust  issues  related  to 
business  cooperation  in  response  to  situations  of  urgency  stemming  from  the  COVID-19 
pandemic,  adopted  in  April  20204,  introduced  the  possibility  of  adopting  ad  hoc  comfort 
letters, as a temporary tool. These are an exception to the self-assessment rule, and appear in 
addition to the existing routes for providing guidance in specific situations, as these existing 
routes  cannot  address  situations  of  extreme  urgency  due  to  their  procedural  requirements5. 
The  Commission  clarified  that  it  will  use  its  discretion  to  decide  how  and  when  to  provide 
guidance, but that it is ready to engage and discuss and will ensure that its extensive general 
guidance reflects today’s needs and business realities6. 

On 25 March 2021, the Commission issued the second comfort letter since the adoption of the 
Temporary Framework for State aid measures. The letter was issued on the occasion of a pan-
European matchmaking event hosted by the Commission. The aim was to address bottlenecks 
and speed up connections between vaccine producers and service companies (such as contract 
development  and  manufacturing  organisations,  fill  and  finish  equipment  producers  and 
others) to improve planning for current and future vaccine production in Europe. 

1.1.2. Guidance on vertical agreements 

The  Commission  continued  its  impact  assessment  for  the  revision  of  the  Vertical  Block 
Exemption  Regulation  (VBER)7  and  the  accompanying  Guidelines  on  Vertical  Restraints 
(Vertical Guidelines)8, publishing the results of the open public consultation that ended on 26 
March  2021  and  the  summary  of  the  contributions  of  the  National  Competition  Authorities 
(NCAs) to the impact assessment of the Vertical Block Exemption Regulation, together with 
an expert report on ‘Active sales restrictions in different distribution models and combinations 
of distribution models’ and an expert report on ‘Cases dealing with online sales, and online 
advertising, restrictions at EU and national level’9. On 9 July 2021, the Commission published 
a draft revised VBER and draft revised Vertical  Guidelines for public consultation, together 
with a background note setting out the proposed changes10. This public consultation ended on 
17 September 2021. On 22 November 2021, the Commission published the non-confidential 

4 Communication from the Commission: Temporary Framework for assessing antitrust issues related to business 
cooperation  in  response  to  situations  of  urgency  stemming  from  the  current  COVID-19  outbreak,  OJ  C  116I, 
8.4.2020,  p.  7.  The  Temporary  Framework  lays  down  the  main  criteria  that  the  Commission  will  use  when 
assessing cooperation projects aimed at addressing a shortage of supply of essential products and services during 
the COVID-19 outbreak. The Temporary Framework is not sector specific, but refers to and builds on experience 
gained by the Commission in discussions with stakeholders in the health sector.  
5 See Article 10 of Council Regulation (EC) No 1/2003 (Finding of inapplicability) and Commission Notice on 
informal  guidance  relating  to  novel  questions  concerning  Articles  81  and  82  of  the  EC  Treaty  that  arise  in 
individual cases (guidance letters) (Text with EEA relevance), OJ C 101, 27.4.2004, p. 78-80. 
6 To facilitate contact with the Commission on COVID-19 related antitrust issues, the Commission launched an 
“Antitrust rules and Coronavirus” webpage providing information and contact details for requests for guidance 
on specific cooperation projects, available at https://ec.europa.eu/competition-policy/antitrust/coronavirus_en.  
7 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty 
on  the  Functioning  of  the  European  Union  to  categories  of  vertical  agreements  and  concerted  practices,  OJ  L 
102, 23.4.2010, p. 1. 
8 Guidelines on Vertical Restraints (Text with EEA relevance), OJ C 130, 19.5.2010, p. 1-46. 
9 See https://ec.europa.eu/competition-policy/public-consultations/2018-vber_en.  
10 See https://ec.europa.eu/competition-policy/public-consultations/2021-vber_en.  

7 

 
                                                 
contributions received from stakeholders on the draft revised rules, as well as a summary of 
all contributions on the draft rules11. 

On 28 May 2021, the Commission published the report of the evaluation of the Motor Vehicle 
Block Exemption Regulation (MVBER)12 and the accompagnying Staff Working Document. 
Overall,  the  evaluation  concluded  that,  in  the  last  decade,  there  have  been  no  material 
developments  that  would  justify  a  revamp  of  the  MVBER  regime,  but  that  an  update  was 
necessary to reflect the importance that access to vehicle-generated data is likely to have as a 
factor of competition. The Commission is now working on the proposals for the future of the 
regime in view of the expiration of the regime on 31 May 2023. 

1.1.3. Guidance on horizontal agreements 

In May 2021, the Commission published the results13 evaluation of the two horizontal block 
exemption  regulations  on  Research  &  Development  and  specialisation  agreements 
(abbreviated R&D BER and Specialisation BER respectively, together HBERs), together with 
the Horizontal Guidelines. The aim of this evaluation is to support the Commission decision 
on whether it should let the HBERs lapse, prolong their duration or revise them. 

Key findings from the evaluation of the rules on horizontal agreements 

The  evaluation  showed  that  the  rules  on  horizontal  agreements  remain  useful  tools  for  businesses. 
However,  the  evaluation  identified  several  areas  where  the  rules  are  not  sufficiently  adapted  to 
digitisation and the pursuit of sustainability goals. Some of the provisions in the HBERs are viewed as 
rigid and complex, while others are considered unclear and difficult to interpret by companies. More 
specifically, the conditions for exemption in the R&D BER may no longer capture all pro-competitive 
R&D agreements and the scope of the Specialisation BER may be too narrow. Some provisions in the 
HBERs and Horizontal Guidelines are also considered unclear or overly strict. Finally, the Horizontal 
Guidelines offer little guidance on recent market developments such as digitisation and sustainability 
objectives in horizontal agreements (for example, they do not provide sufficient legal certainty for the 
self-assessment  of  agreements  pursuing  sustainability  objectives,  data  sharing/data  pooling 
agreements, and network sharing agreements). 

In July 2021, the Commission launched a public consultation as part of the impact assessment 
phase  of  the  revision14.  The  Commission  aims  to  have  the  revised  rules  in  place  by  31 
December 2022 when the current rules expire. 

1.1.4. Collective agreements regarding the working conditions of solo self-employed persons 

Digital  labour  platforms  have  changed  the  way  people  work.  They  provide  access  to  work, 
and flexibility, but they can also lead to poor working conditions. For self-employed persons 
providing  services  through  digital  labour  platforms,  it  is  not  always  clear  whether  EU 

11  In  total,  152  stakeholders  and  six  national  competition  authorities  provided  comments  on  the  draft  revised 
VBER and draft revised Vertical Guidelines. 
12 Commission Regulation 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the 
European Union to categories of vertical agreements and concerted practices in the  motor vehicle sector, OJ L 
129, 28.5.2010, p. 52. 
13  Commission  Staff  Working  Document  -  Evaluation  of  the  Horizontal  Block  Exemption  Regulation,  SWD 
(2021) 103, 6.5.2021.  
14  Public  consultation  -  Horizontal  agreements  between  companies,  13.7.2021 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13058-Horizontal-agreements-between-
companies-revision-of-EU-competition-rules/public-consultation_en 

to  5.10.2021.  See: 

8 

 
 
                                                 
competition  rules  allow  such  self-employed  persons  to  collectively  negotiate  and  conclude 
agreements on their working conditions. 

To address this issue, in June 2020 the Commission had launched a process to assess whether 
there is a need for measures at EU level to ensure that EU competition law does not stand in 
the way of collective agreements of self-employed persons aiming to improve their working 
conditions.  The  Commission  therefore  in  January  2021  published  an  inception  impact 
assessment,  and  in  March  2021  consulted  all  stakeholders  on  a  detailed  questionnaire.  In 
April 2021,  a dedicated  meeting  with  Social Partners  took  place. On 9 December 2021, the 
Commission  published  draft  Guidelines  on  the  application  of  EU  competition  law  to 
collective agreements regarding the working conditions of solo self-employed persons15. 

Based on established case-law of the  Court of Justice of the European Union  (CJEU)16, the 
draft Guidelines describe situations when solo self-employed persons may be comparable to 
workers, and clarify that their collective agreements then fall outside the scope of Article 101 
TFEU. This covers economically dependent solo self-employed persons, those working side-
by-side  with  workers  and  those  providing  their  services  through  digital  labour  platforms. 
Furthermore,  the  draft  Guidelines  clarify  that  self-employed  persons  who  may  not  be 
comparable  to  workers,  but  may  nevertheless  have  difficulties  in  influencing  their  working 
conditions  due  to  an  imbalanced  bargaining  power,  may  also  negotiate  collectively  without 
fearing  the  Commission's  intervention.  This  includes  solo  self-employed  persons  who 
negotiate their working conditions with counterparties of some economic strength; or persons 
who collectively negotiate in line with the Copyright Directive17 and national law provisions. 

1.2. The fight against cartels remains a top priority 

The  Commission’s  strong  cartel  enforcement  record  in  2021  shows  its  continued 
determination  to  vigorously  fight  cartels  and  to  protect  the  competitive  process  during  the 
recovery period. In 2021, the Commission adopted 10 decisions and imposed a fines totalling 
EUR  1746  million.  The  decisions  covered  numerous  sectors  such  as  financial  markets, 
railway transport services, car emissions, food and biofuels. The Commission was also able to 
gradually resume its inspection activities that had been temporarily suspended for sanitary and 
logistic reasons during the earlier phase of the pandemic. 

In particular, the Commission had a strong focus on cartels in the financial services in 2021. 
In April 202118, the Commission adopted a decision against Bank of America Merrill Lynch, 
Crédit  Agricole,  Credit  Suisse  and  Deutsche  Bank  for  taking  part  in  a  cartel  concerning 
Supra-sovereign,  Sovereign  and  Agency  bonds  denominated  in  US  Dollars  (USD  SSA 

15  Communication  from  the  Commission,  Guidelines  on  the  application  of  EU  competition  law  to  collective 
agreements  regarding  the  working  conditions  of  solo  self-employed  persons,  9.12.2021  C(2021)  8838  final 
ANNEX. The draft Guidelines are part of a package of initiatives by the Commission also including a proposal 
for a Directive on improving working conditions in platform work and a Communication on harnessing the full 
benefits of digitalisation for the future of work. 
16  Judgment  of  the  Court  of  Justice  of  4.12.2014,  C-413/13,  FNV  Kunsten  Informatie  en  Media  v  Staat  der 
Nederlanden, EU:C:2014:2411; judgment of the Court of Justice of 21.12.1999, C-67/96, Albany International 
BV v Stichting Bedrijfspensioenfonds Textielindustrie, EU:C:1999:430.  
17 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and 
related  rights  in  the  Digital  Single  Market  and  amending  Directives  96/9/EC  and  2001/29/EC,  OJ  L  130, 
17.5.2019, p. 92–125.  
18 Case AT.40346 Sovereign and Agency bonds see, 

see:https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2004 

9 

 
                                                 
bonds).  The  Commission  imposed  fines  totalling  EUR  28.494  million  against  these  banks, 
except Deutsche Bank, which revealed the existence of the cartel and received full immunity 
under the leniency procedure. 

In May 2021, the Commission fined Bank of America, Natixis, Nomura, UBS, UniCredit and 
WestLB (now Portigon)19 a total of EUR 371 million in respect of a cartel in the primary and 
secondary  market  for  European  Government  Bonds  (EGB).  RBS  (now  NatWest)  was  not 
fined as it received full immunity under the leniency procedure for revealing the cartel.  

In  December  2021,  the  Commission  concluded  the  third  stage  of  its  investigation  into  the 
Foreign  Exchange  spot  trading  market20.  The  Commission  fined  Barclays,  RBS  HSBC  and 
Credit Suisse a total amount of EUR 344 million (which came on top of the EUR 1.07 billion 
that  had  already  been  imposed  in  the  two  earlier  Forex  cases).  UBS  was  not  fined  as  it 
received full immunity under the leniency procedure for revealing the existence of the cartels.  

Furthermore,  in  July  2021,  the  Commission  took  a  decision  against  five  car  manufacturers 
Daimler, BMW, Volkswagen, Audi and Porsche21. The Commission  imposed  fines  totalling 
EUR 875 million against these car manufacturers for restricting technical development in the 
area  of  emission  cleaning  technology  for  diesel  cars.  Daimler  was  not  fined  because  it 
revealed  the  existence  of  the  cartel.  All  companies  acknowledged  their  involvement  in  the 
cartel and agreed to settle the case.  

In April 2021, in the railway transport services22, the Commission sanctioned Österreichische 
Bundesbahnen  (ÖBB),  Deutsche  Bahn  (DB)  and  Société  Nationale  des  Chemins  de  fer 
belges/Nationale Maatschappij der Belgische Spoorwegen (SNCB) for their participation in a 
customer allocation cartel, which concerned cross-border rail cargo transport services on so-
called blocktrains on key EU rail corridors. The three companies admitted their involvement 
in  the  cartel  and  agreed  to  settle  the  case.  The  Commission  fined  DB  and  SNCB  a  total  of 
EUR 48 million, while ÖBB received full immunity. 

In the agri-food sector, in November 2021, the Commission fined Conserve Italia Soc. coop. 
agricola and its subsidiary Conserves France S.A. (together ‘Conserve Italia')23, totalling EUR 
20  million.  The  decision  follows  an  earlier  settlement  decision  adopted  in  September  2019 
against three other undertakings for participating in the same cartel. Conserve Italia decided 
not to settle the case and, as a result, the Commission's investigation against Conserve Italia 
continued  under  the  standard  cartel  procedure.  For  more  than  13  years,  from  2000  to  2013, 
Conserve  Italia  and  the  other  cartel  participants  set  prices,  agreed  on  market  shares  and 
volume  quotas,  allocated  customers  and  markets,  exchanged  commercially  sensitive 
information, and coordinated their replies to tenders. 

19 Case AT.40324 European Governments Bonds, see 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2565 
20 Case AT.40135 FOREX, see 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_AT_40135  
21 Case AT. 40178 Car emissions, see https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3581  
22 Case AT.40330 Rail cargo, see https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1843 
23 Case AT.40127 Canned vegetables, see https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6164 

10 

 
 
                                                 
Finally, in December 2021, the Commission fined Abengoa S.A. and its subsidiary Abengoa 
Bionenergía  S.A.24,  EUR  20  million  for  participation  in  a  cartel  concerning  the  wholesale 
price  formation  mechanism  in  the  European  ethanol  market.  Biofuels  can  contribute  to 
promote cleaner transport and reduce greenhouse gas emissions and therefore play a key role 
in the green transition. The investigation is still ongoing for the other companies concerned. 

Cartel decisions 2021: 

Case name 

Adoption date 

Fine imposed EUR  Undertakings 

Rail Cargo 
SSA bonds 
EGB 
YIRD re-adoption 
EIRD re-adoption 
Car emissions 
Canned vegetables 
Forex (Sterling lads) 
Forex (Sterling lads) 
Ethanol benchmarks 

Total 

20/04/2021 
28/04/2021 
20/05/2021 
28/05/2021 
28/06/2021 
08/07/2021 
19/11/2021 
02/12/2021 
02/12/2021 
10/12/2021 

48 594 000 
28 494 000 
371 393 000 
6 450 000 
31 739 000 
875 189 000 
20 000 000 
83 294 000 
261 101 000 
20 000 000 

concerned 
3 
4 
7 
1 
1 
3 
1 
1 
4 
1 

1 746 254 000 

26 

Prohibition 
Procedure 
Settlement 
Prohibition 
Prohibition 
Prohibition 
Prohibition 
Settlement 
Prohibition 
Prohibition 
Settlement 
Settlement 

1.3. Important judgments by the European Union Courts  

In 2021, the Union Courts issued a comparatively small number of judgments concerning the 
Commission’s  cartel  enforcement  compared  to  the  situation  a  few  years  ago.  However,  the 
overwhelming  majority  of  judgments  issued  fully  confirmed  the  Commission’s  cartel 
enforcement  practice.  This  included  a  confirmation  from  the  CJEU  of  the  Commission’s 
practice of conducting hybrid settlement proceedings. The courts also confirmed that Article 
101 TFEU and Article 53 of the EEA Agreement provide the Commission with jurisdiction to 
review cartels that operate worldwide.  

1.3.1. Procedural rights in Commission investigations – staggered hybrid cases 

In  a  judgment  concerning  the  Steel  Abrasives  cartel25,  the  CJEU  held  that  the  Commission 
had not  breached a  company’s defence  rights  by referring to  it in  a settlement  decision that 
predated its sanctioning in a decision taken in ordinary procedure (staggered hybrid settlement 
case). In the CJEU’s view, the Commission did not breach the presumption of innocence and 
the principle of impartiality. The  CJEU agreed with the General Court that the Commission 
had taken “sufficient precautions” in its drafting, stating “unequivocally” that the settlement 
decision was not addressed to the appellant and that it referred to the company where it was 
necessary to do so to establish the liability of the other members of the cartel. 

24 Case AT.40054 Ethanol benchmarks, see 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_40054  
25 Judgment of the Court of Justice of 18.3.2021, C‑440/19 P, Pometon v Commission, EU:C:2021:214. 

11 

 
 
 
                                                 
1.3.2. The Commission’s jurisdiction 

In  two  judgments  concerning  the  Capacitors  cartel26,  the  General  Court  confirmed  the 
Commission’s territorial jurisdiction in the application of Article 101 TFEU and Article 53 of 
the  EEA  Agreement.  The  applicants  contested  the  Commission’s  territorial  jurisdiction, 
namely  on  the  ground  that  the  anticompetitive  conduct  was  Asia-oriented  and  was  neither 
implemented  nor  had  a  significant  effect  in  the  EEA27  and  refuting  any  relevant  link  to  the 
EEA28. 

According  to  the  General  Court,  the  conditions  for  the  territorial  application  of  Article  101 
TFEU and Article 53 of the EEA Agreement are satisfied in two situations: in the first place, 
where  the  practices  covered  by  that  article  are  implemented  in  the  territory  of  the  internal 
market, irrespective of the place where they were formed29 and, in the second place, where it 
is foreseeable that those practices will have an immediate and substantial effect in the internal 
market30. 

The General Court stated that the criterion of the implementation of the cartel is satisfied by, 
among other things, mere sales within the European Union of the product that is the subject of 
the cartel, irrespective of the location of the sources of supply and the production plants31. 

1.3.3. Liability for cartel conduct 

In  a  judgment  concerning  the  Power  Cables  cartel,  the  CJEU  confirmed  the  Commission’s 
and  the  General  Court’s  interpretation  of  the  concept  of  ‘parental  liability’  for  attributing 
liability for a company’s cartel conduct to its parents32. 

The CJEU confirmed that the Commission was entitled to rely on the AKZO presumption of a 
parent exercising decisive influence over a subsidiary not only in a situation where it held all 
or  virtually  all  the  capital  of  the  subsidiary,  but  also  where  it  held  all  the  voting  rights 
associated with its subsidiary’s shares33. In the same judgment, the CJEU also confirmed that 
the Commission was right to rely on personal links concerning the board composition of the 
subsidiary  when  finding  that  a  parent  company  exercised  decisive  influence.  Such  personal 
links  could  indeed  be  found  even  in  situations  where  a  member  of  a  company’s  board  is 
connected  to  another  company  through  ‘previous  advisory  services’  or  ‘consultancy 
agreements’34. 

In the Retail Food Packaging cartel, the CJEU confirmed settled case law on the presumption 
of effective exercise of decisive influence of a parent company over its controlled operating 

26  Judgments  of  the  General  Court  of  29.9.2021,  T‑342/18,  Nichicon  v  Commission,  EU:T:2021:635  and 
T‑363/18, Nippon Chemi-Con v Commission, EU:T:2021:638.  
27  Judgment  of  the  General  Court  of  29.9.2021,  T‑363/18,  Nippon  Chemi-Con  v  Commission,  para.  71, 
EU:T:2021:638. 
28 Judgment of the General Court of 29.9.2021, T‑342/18, Nichicon v Commission, para. 73, EU:T:2021:635. 
29 Judgment of the General Court of 29.9.2021, T‑342/18, Nichicon v Commission, para. 75, EU:T:2021:635. 
30 Judgment of the General Court of 29.9.2021, T‑342/18, Nichicon v Commission, para. 77, EU:T:2021:635. 
31 Judgment of the General Court of 29.9.2021, T‑342/18, Nichicon v Commission, para. 76, EU:T:2021:635. 
32  Judgment  of  the  Court  of  Justice  of  27.1.2021,  C‑595/18  P,  The  Goldman  Sachs  Group  v  Commission, 
EU:C:2021:73. 
33 Judgment of the Court of Justice of 27.2.2021, Case C‑595/18 P, The Goldman Sachs Group Inc. v European 
Commission, paras. 29-42, EU:C:2021:73. 
34 Judgment of the Court of Justice of 27.2.2021, Case C‑595/18 P, The Goldman Sachs Group Inc. v European 
Commission, paras. 89-104, EU:C:2021:73. 

12 

 
                                                 
companies  and  further  confirmed  the  Commission’s  cartel  enforcement  practice  in  this 
respect35. 

1.3.4. Setting of fines 

In a judgment concerning the Steel Abrasives cartel, the CJEU set aside a part of the General 
Court’s judgment that reduced the original fine from EUR 6.2 million to EUR 3.87 million36. 
In the CJEU’s view, the General Court had violated the principle of equal treatment and failed 
to state proper reasons when it applied a 75% discount under point 37 of the Commission’s 
Guidelines  on  Fines37  to  the  appellant  –  a  discount  that  was  identical  to  that  given  to  a 
different  company.  The  CJEU  held  that  the  General  Court  had  failed  to  set  out  the  reasons 
why, despite that difference in situation, it was consistent with the principle of equal treatment 
to grant the appellant a rate of reduction identical to that granted to the other company38.  

In  a  judgment  concerning  the  Capacitors  cartel,  the  General  Court  confirmed  the 
Commission’s  decision  to  increase  the  fine,  since  the  company  had  been  held  liable  for  a 
similar infringement in the past39. The Commission found that, notwithstanding the fact that 
that first  infringement  had been penalised when  the infringement found in Capacitors  cartel 
was ongoing, it was necessary to apply an increase in the basic amount of the fine on account 
for  repeated  infringement,  and,  consequently,  to  take  into  account  the  entire  period  of  the 
company’s liability for the infringement, including a period of almost nine months preceding 
the  adoption  of  the  original  DRAMs  decision40.  The  General  Court  considered  that  the 
company  had  already  been  found  to  have  committed  an  infringement  and  that,  despite  that 
finding  and  the  penalty  imposed,  it  had  continued  to  participate  for  almost  two  years  in 
another similar infringement41.. 

The  General  Court,  in  another  judgment  concerning  the  Capacitors  cartel42,  also  confirmed 
that the Commission did neither infringe the principle of ne bis in idem43 nor the principle of 
proportionality when applying a deterrence factor of 16% despite there already having been 
substantial fines imposed in other jurisdictions. 

In the Retail Food Packaging cartel  case, the president of the General Court issued a court 
order dismissing an application for interim measures seeking the suspension of a Commission 
decision  against  CCPL,  and  ordering  it  to  pay  fines  of  EUR  9.44  million.  The  Commission 
had re-imposed a significantly lower fine on CCPL following an earlier successful appeal by 
the company concerning lack of sufficient reasoning regarding the company’s ability to pay 
the fine. In his court order, the president of the General Court stated that any appeal against 

35  Judgment  of  the  Court  of  Justice  of  15.4.2021,  C-694/19  P,  Italmobiliare  SpA  and  Others  v  European 
Commission, EU:C:2021:286. 
36 Judgment of the General Court of 18. 3.2021, Case C‑440/19 P, Pometon v Commission, EU:C:2021:214.  
37 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, OJ C 
210, 1.9.2006, p. 2–5.  
38  Judgment  of  the  General  Court  of  18.3.2021,  Case  C‑440/19  P,  Pometon  v  Commission,  paras.  145-154, 
EU:C:2021:214. 
39 Judgment of the General Court of 29.9.2021, T‑341/18, NEC v Commission, EU:T:2021:634. 
40 Case COMP/38.511 – DRAMs. 
41 Judgment of the General Court of 16.12.2004, Case T‑341/18, Carlo De Nicola v European Investment Bank, 
EU:T:2004:367. 
42  Judgment  of  the  General  Court  of  29.9.2021,  T‑342/18,  Nichicon  v  Commission,  paras.  512  –  520, 
EU:T:2021:635. 
43 The principle of ne bis in idem refers to the prohibition of double jeopardy. Literally translated ne bis in idem 
means ‘not twice about the same’. 

13 

 
                                                 
the revised Commission decision was unlikely to be successful, as the Commission appeared 
to have conducted a sufficient analysis of CCPL's financial situation44. 

1.3.5. Payment of cartel fines 

In  the  Commission  v  Printeos45,  concerning  the  Envelopes  cartel,  the  CJEU  dismissed  the 
Commission’s  appeal  and  upheld  the  judgment  of  the  General  Court,  ruling  that  the 
Commission  is  obliged  to  pay  default  interest  when  reimbursing  a  competition  fine 
provisionally paid by an addressee who contested it, and which is later annulled or decreased 
by the courts. Printeos was entitled to receive: 1) a default interest from the date the fine was 
provisionally paid until the date of its repayment to Printeos (at ECB refinancing rate plus 2 
%); and 2) a compound default interest on the above amount of default interest from the date 
Printeos lodged its action before the General Court (i.e. ordering payment of interests on an 
unpaid default interest, at ECB refinancing rate plus 3.5 %). 

1.3.6. Application of the Commission’s Leniency Notice 

In  a  judgment  concerning  the  Car  Battery  Recycling  cartel,  the  CJEU  confirmed  the 
Commission’s  and  the  General  Court’s  interpretation  of  the  Commission’s  2006  Leniency 
Notice46.  The  CJEU  held  that  the  concept  of  ‘partial  immunity’  should  apply  only  to 
undertakings  that  adduce  evidence  concerning  new  facts  previously  unknown  to  the 
Commission. A mere strengthening of evidence already in the Commission’s possession was 
insufficient for a company to obtain partial immunity47. 

Along  similar  lines,  the  CJEU  confirmed  in  a  judgment  concerning  the  Retail  Food 
Packaging cartel48 the Commission’s and General Court’s position that the appellant in that 
case did not qualify for immunity under the Commission’s 2006 Leniency Notice, as another 
company  first  provided  the  Commission  with  information  enabling    it  to  conduct  an 
unannounced inspection. 

In  a  judgment  concerning  the  Capacitors  cartel49,  the  General  Court  confirmed  the 
Commission’s  practical  application  of  the  concept  of  ‘partial  immunity’.  In  this  case,  the 
applicant  provided  the  Commission  with  additional  information  allowing  it  to  extend  the 
duration of the infringement, and, in return, the Commission granted partial immunity to the 
applicant t for the extended time period, thereby reducing the duration multiplier used for the 
applicant  accordingly.  However,  the  Commission  did  not  reduce  the  applicant’s  gravity 
multiplier. In its judgment, the General Court confirms the Commission’s conclusion that the 
evidence submitted by the applicant  had no impact on the gravity of the infringement. 

44  Order  of  the  President  of  the  General  Court  of  22.7.2021,  T‑130/21  R,  CCPL  v  Commission;  OJ  C  391, 
27.9.2021, p. 18; the main proceedings are still pending. 
45 Judgment of the Court of Justice of 20.1.2021, C-301/19 P, Commission v Printeos, EU:C:2021:39. 
46 Commission Notice on Immunity from fines and reduction of fines in cartel cases (2006/C 298/11), OJ C 298, 
8.12.2006, p. 17–22.  
47 Judgment of the Court of Justice of 3.6.2021, C‑563/19 P, Recylex and others v Commission, EU:C:2021:428, 
paras. 27-43. 
48  Judgment  of  the  Court  of  Justice  of  15.4.2021,  C‑694/19  P,  Italmobiliare  and  others  v  Commission, 
EU:C:2021:286. 
49 Judgment of the General Court of 29.9.2021, Case T‑344/18, Rubycon v Commission, EU:T:2021:637.  

14 

 
 
 
                                                 
1.3.7. Private Enforcement of EU Competition Law  

Due to the increase of antitrust damage actions and the application of the Damages Directive, 
national courts have referred many questions for a preliminary ruling to the CJEU concerning 
application of the Damages Directive. In 2021, the CJEU rendered its judgments in three of 
these cases. 

On international and territorial jurisdiction  

On 15 July 2021, the CJEU rendered its judgement in case RH vs Volvo50. Supplementing the 
2019 case Tibor-Trans v. DAF Trucks51, the judgment provided detailed guidance on how to 
allocate  jurisdiction  over  cartel  damages  claims  under  Article  7(2)  of  the  Regulation  No 
1215/201252 Brussels I Recast. A legal or natural person domiciled in a Member State may be 
sued  in  another  Member  State  before  the  courts  for  the  place  where  the  harmful  event 
occurred or may occur. Consequently, in an action for damages caused by an infringement of 
Article 101 TFEU, the place where the damage occurred is situated in the Member State of 
the market affected by that infringement in which additional costs  were incurred. The CJEU 
pointed out that two criteria should be applied to identify the competent court in the Member 
States.  First,  if  the  undertaking  that  has  been  harmed  purchased  the  goods  affected  by  the 
collusion  exclusively  within  the  jurisdiction  of  a  single  court,  that  court  has  jurisdiction. 
Secondly, if purchases  were made in several places, each undertaking that has been harmed 
can bring the action before the court for the place where the claimant has its registered office. 

On the notion of undertaking 

In its judgment of 6 October 2021, the  CJEU dealt with  a question for a preliminary ruling 
submitted  by  a  Spanish  court  in  case  Sumal53.  The  judgment  clarifies,  among  other  things 
that, the functional concept of an undertaking is applicable both in the public and the private 
enforcement  of  EU  competition  law.  In  follow-on  actions  for  damages,  a  fully-owned 
subsidiary  may  be  held  liable  for  an  infringement  of  EU  competition  law  of  its  parent 
company,  on  the  condition  that  they  form  an  economic  unity.  The  decisive  criterion  to 
identify  an economic unity  is  an  uniform  behaviour on the market.  The  CJEU clarified that 
the delineation of economic unity is based on a two-step test: (i) the economic, organisational 
and legal  links  and (ii) the special link  between  the economic activity of  the subsidiary  and 
the  subject  matter  of  the  parent's  infringement.  It  is  on  the  claimant  to  prove  both  links.  In 
light  of  the  functional  concept  of  an  undertaking,  a  parent  company  can  be  part  of  several 
economic units. 

50 Judgment of the Court of Justice of 15.7.2021, C-30/20, RH v Volvo AB, EU:C:2021:604. 
51 Judgment of the Court of Justice of 29.9.2019, C-451/18, Tibor-Trans v DAF Trucks, EU:C:2019:635. 
52 Regulation No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction 
and the recognition and enforcement of judgments in civil and commercial matters, OJ L 351, 20.12.2012, p. 1–
32.  
53  Judgment  of  the  Court  of  Justice  (Grand  Chamber)  of  6.10.2021,  C-882/19,  Sumal,  S.L.  v  Mercedes  Benz 
Trucks España, S.L., EU:C:2021:800. 

15 

 
 
 
 
                                                 
On the jurisdiction of national courts to apply Article 101 TFEU 

On  11  November  2021,  the  CJEU  rendered  a  judgment  in  the  case  Stichting  Cartel 
Compensation54,  confirming  that  a  national  court  has  the  power  to  find  an  infringement  of 
Article 101 TFEU and to award antitrust damages also for the period when the Commission 
did not have at its disposal effective powers for the enforcement of EU competition law. The 
preliminary  questions  referred  to  the  Court  arose  in  a  dispute  concerning  damage  claims  in 
respect of conduct in the air transport sector, that had occurred prior to the application of the 
rules implementing Article 101 TFEU. At the relevant time the transitional regime of Articles 
104  and  105  TFEU  applied.  In  the  underlying  decision  concerning  the  same  conduct 
(Airfreight)55  the  Commission  had  decided  that  it  could  not  apply  Article  101  TFEU  to  the 
conduct for the time period covered by the transitional regime. 

1.4.  Cooperation  within  the  European  Competition  Network  and  with  national 
courts 

1.4.1.Cooperation  with  national  competition  authorities  within  the  European  Competition 
Network  

Since 2004, the Commission and the national competition authorities in all EU Member States 
cooperate through the ECN. The objective of the ECN is to ensure that EU competition law is 
applied in an effective and coherent manner against companies engaging in business practices 
that restrict competition in the EU.  

In 2021, the Commission continued to ensure the coherent application of Regulation (EC) No 
1/200356  on  the  implementation  of  the  rules  on  competition  (Articles  101  and  102  TFEU) 
through the ECN. Two of the key supporting cooperation mechanisms in this Regulation are 
the obligation of NCAs to inform the Commission on a new investigation at the stage of the 
first formal investigative measure and to consult the Commission on envisaged decisions. In 
2021, 145 new investigations were launched within the network  and 84 envisaged decisions 
were submitted.  

In  addition  to  those  cooperation  mechanisms  set  out  in  Regulation  (EC)  No  1/2003,  other 
ECN cooperation work streams equally ensure a coherent enforcement of the EU competition 
rules.  The  ECN  members  meets  regularly  to  discuss  cases  at  early  stages,  policy  issues,  as 
well  as  matters  of  strategic  importance.  In  2021,  37  meetings  across  horizontal  working 
groups  and  sector-specific  sub-groups  were  organised,  where  competition  authorities’ 
officials exchanged views. 

1.4.2. The ECN+ Directive  

The  ECN+  Directive57  empowering  Member  States'  competition  authorities  to  be  more 
effective  enforcers  of  EU  competition  rules  in  the  field  of  antitrust  entered  into  force  on  4 
February  2019.  The  ECN+  Directive  aims  to  ensure  that  when  applying  the  same  legal 

54 https://curia.europa.eu/juris/liste.jsf?lgrec=fr&td=%3BALL&language=en&num=C-819/19&jur=C. 
55 https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-03/cp220053en.pdf. 
56 Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition 
laid down in Articles 81 and 82 of the Treaty, article 11 (3) and (4), OJ L 1, 4.1.2003, p. 1–25. 
57 Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the 
competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning 
of the internal market, OJ L 11, 14.1.2019, p. 3-33. 

16 

 
                                                 
provisions  –  the  EU  antitrust  rules  –  national  competition  authorities  have  the  effective 
enforcement tools and the resources necessary to detect and sanction companies that infringe 
Articles 101 and 102 TFEU.  It  also  aims  to ensure that they can take their decisions  in  full 
independence, based on the facts and the law. The new rules contribute to the objective of a 
genuine  single  market,  promoting  the  overall  goal  of  an  open,  competitive  and  innovative 
internal market creating jobs and growth.  

Member States had  to  transpose the Directive into national  law by 4  February 2021.  On 19 
March 2021, the Commission sent Letters of Formal Notice, opening infringement procedures 
against 22 Member States for non-communicating the transposing measures by the deadline. 
Of  those,  22  Member  States,  fourteen  however  notified  full  transposition  of  the  Directive 
before  the  end  of  2021.  The  completeness  of  their  transposing  measures  will  be  assessed 
before  the  closure  of  the  infringement  proceedings.  The  Commission  will  then  check  the 
conformity  of  their  national  transposing  measures.  The  Commission  keeps  assisting  the 
remaining Member States in the last stages of their transposition processes.  

1.4.3. Cooperation with national courts 

In  addition  to  its  cooperation  with  NCAs  in  the  context  of  the  ECN,  the  Commission  also 
continued  its  cooperation  with  national  courts.  The  Commission  supports  national  courts 
inenforcing the EU competition rules in an effective and coherent manner by providing case-
related information or opinions on matters of substance or by intervening as amicus curiae in 
proceedings pending before the national courts. 

Following  approval  from  the  concerned  courts,  the  Commission  publishes  its  opinions  and 
amicus curiae observations on its website. 

1.4.4. Private enforcement 

Directive 2014/104/EU on antitrust damages actions (Damages Directive)58 aims at ensuring 
that anyone harmed by infringements of the EU competition rules can effectively avail itself 
of  the  right  to  compensation  before  national  courts.  As  noted  in  the  report  about  the 
implementation  of  the  Damages  Directive  to  the  European  Parliament  and  the  Council  of 
December 2020, since the adoption of the Damages Directive in 2014, the number of damages 
actions  before  national  courts  has  increased  significantly,  and  actions  for  damages  have 
become much more widespread in the EU59. A significant number of actions are still follow-
on  actions,  where  the  person  harmed  by  a  competition  law  infringement  claims  damages 
following a final decision of a competition authority. 

The  Commission  continues  to  monitor  the  implementation  of  the  Directive  by  the  national 
courts  of  the  Member  States  with  a  view  to  reviewing  the  Directive,  once  sufficient 
experience from the application of its rules is available. 

58 Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules 
governing  actions  for  damages  under  national  law  for  infringements  of  the  competition  law  provisions  of  the 
Member States and of the European Union, OJ L 349, 5.12.2014, p. 1-19. 
59  Commission  Staff  Working  Document  on  the  implementation  of  Directive  2014/104/EU  of  the  European 
Parliament  and  of  the  Council  of  26  November  2014  on  certain  rules  governing  actions  for  damages  under 
national  law  for  infringements  of  the  competition  law  provisions  of  the  Member  States  and  of  the  European 
Union SWD(2020) 338 final, 14.12.2020. 

17 

 
                                                 
2. 

MERGER CONTROL 

EU merger control  
The  purpose  of  EU  merger  control  is  to  ensure  that  market  structures  remain  competitive  while 
enabling smooth restructuring of the industry. This applies not only to EU-based companies, but also 
to  any  company  active  on  the  EU  markets.  Industry  restructuring  is  an  important  way  of  fostering 
efficient  allocation  of  production  assets.  However,  there  are  also  situations  where  industry 
consolidation  can  give  rise  to  harmful  effects  on  competition,  taking  into  account  the  merging 
companies’  degree  of  market  power  and  other  market  features.  EU  merger  control  ensures  that 
changes in the market structure which lead to harmful effects on competition do not occur.  

EU merger control ensures that all firms active in EU markets can compete on fair and equal 
terms.  Proposed transactions  which may distort competition  are subject  to  close scrutiny by 
the Commission. If necessary to protect competition, the Commission can give merging firms 
the  possibility  to  dispel  competition  concerns  by  offering  commitments.  If  sufficient 
commitments cannot be found or agreed upon, the Commission may prohibit the transaction. 
In its assessments, the Commission takes into account efficiencies possibly brought about by 
mergers.  Efficiencies  may  have  positive  effects  on  costs  and  innovation,  for  example, 
provided that they are verifiable, merger-specific and likely to be passed on to consumers. 

2.1. Recent enforcement trends  

While the  COVID-19  pandemic  continued throughout  2021, the Commission’s enforcement 
activity remained at a very high level with a total number of 396 merger decisions adopted in 
2021(405 notifications) the highest on record. 

Moreover, in 2021 the Commission received 44 reasoned submissions by notifying parties in 
pre-notification, requesting a referral of a case from the Commission to a national competition 
authority  or  vice  versa.  The  Commission  accepted  to  examine  two  transactions  following  a 
referral  pursuant  to  Article  22  of  Council  Regulation  (EC)  No  139/2004  (the  ‘EU  Merger 
Regulation’)60  and  referred  four  transactions  pursuant  to  Article  9  of  the  EU  Merger 
Regulation to be examined by national competition authorities. 

The  vast  majority  of  mergers  notified  in  2021  did  not  raise  competition  concerns  and  were 
speedily  reviewed. The simplified procedure was applied in  78% of all notified transactions 
under the EU Merger Regulation in 2021. 

Nevertheless, in 2021, the Commission’s merger enforcement was intensive due to the large 
number  of  notified  transactions  as  well  as  the  complexity  of  a  significant  number  of  cases. 
Moreover,  the  Commission  intervened  in  fourteen  cases.  An  increasing  number  of  notified 
transactions concerned already concentrated industries. Reviewing such transactions required 
the  Commission  to  carefully  assess  their  potential  impact  on  competition,  employing 
sophisticated quantitative techniques and comprehensive qualitative investigative tools. 

In  2021,  the  Commission  opened  in-depth  investigations  (the  “Phase  II”)  in  seven  cases. 
These  cases  concerned  diverse  sectors  of  the  economy,  including  manufacture  and  retail  of 

60  Council  Regulation  (EC)  No  139/2004  of  20  January  2004  on  the  control  of  concentrations  between 
undertakings, OJ L 24, 29.1.2004, p. 1-22. 

18 

 
 
 
                                                 
container  and  cargo  handling  equipment,  technical  foams  and  building  insulation  materials 
such  as  mineral  wool  sandwich  panels,  semiconductors,  the  digital  sector,  healthcare 
technology, as well as passenger air transport. 

In line with  the trends of recent  years, in  2021 the Commission  assessed mergers involving 
digital  issues.  For  example,  the  Commission  opened  an  in-depth  investigation  into  the 
proposed acquisition of Kustomer by Meta (formerly Facebook)61, a transaction involving the 
market for the supply of customer relationship management software. Digital issues were also 
part of the in-depth investigation of the proposed acquisition of Arm by NVIDIA62. Despite 
the  COVID-19  pandemic,  the  Commission’s  enforcement  activity  remained  similar  to  the 
most recent years. In 2021, the Commission adopted 396 merger decisions63 and intervened in 
fourteen  cases64.  Seven  mergers  were  cleared  subject  to  commitments  in  Phase  I  and  four 
mergers65 were cleared subject to commitments following a Phase II investigation. Moreover, 
three  transactions  were  abandoned  and  their  notifications  withdrawn  during  the  in-depth 
investigation66. Finally, the Commission did not prohibit any transactions in 2021. 

61 Case M.10262 Meta (formerly Facebook)/Kustomer. 
62 Case M.9987 NVIDIA/Arm. 
63 For the purposes of this report, decisions based on Articles 6(1)(a), 6(1)(b), 6(1)(b) in conjunction with 6(2), 
8(1), 8(2) and 8(3) of the EU Merger Regulation are considered as final decisions. 
64  That  includes  7  cases  cleared  in  Phase  I  subject  to  commitments  (M.9686  Mitsui/Belchim  Crop  Protection; 
M.9945  Siemens  Healthineers/Varian  Medical  Systems;  M.9969  Veolia/Suez;  M.10047  Schwarz  Group/Suez 
Waste  Management  Companies;  M.10108  S&P  Global/IHS  Markit;  M.10153  Orange/Telekom  Romania 
Communications;  M.10249  Derichebourg  Environnement/Groupe  Ecore  Holding),  4  cases  cleared  in  Phase  II 
subject  to  commitments  (M.9564  LSEG/Refinitiv  Business;  M.9569  EssilorLuxottica/GrandVision;  M.9820 
Danfoss/Eaton  Hydraulics;  M.9829  Aon/Willis  Tower  Watson),  and  3  transactions  abandoned  and  their 
notifications withdrawn in Phase II (M.9162 Fincantieri/Chantiers de l’Atlantique; M.9489 Air Canada/Transat; 
M.9637 IAG/Air Europa). 
65  Cases  M.9564  LSEG/Refinitiv  Business;  M.9569  EssilorLuxottica/GrandVision;  M.9820  Danfoss/Eaton 
Hydraulics; M.9829 Aon/Willis Tower Watson. 
66 Cases M.9162 Fincantieri/Chantiers de l’Atlantique; M.9489 Air Canada/Transat; M.9637 IAG/Air Europa. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Merger outcomes 2012-2021 

Most remedies accepted  by the Commission  in  2021 consisted of divestitures of tangible or 
intangible assets. This confirms the Commission’s general preference for structural remedies 
in merger cases as best suited to address competition concerns arising from a concentration in 
a durable manner.  

Apart  from  such  remedies  offered  in  Phase  II  investigations,  in  2021,  the  Commission  also 
cleared  transactions  subject  to  remedies  in  Phase  I  in  which  the  notifying  parties  offered 
comprehensive remedy packages in due time, including in some complex transactions such as 
in  waste  management67.  The 
Schwarz  Group/Suez  Waste  Management  Companies 
Commission  also  accepted  non-divestiture  remedies  in  a  few  cases,  where  such  measures 
were  considered  to  effectively  solve  the  identified  competition  concerns  in  light  of  the 
specificities of the sector and the  case at  hand,  for instance in  Siemens  Healthineers/Varian 
Medical Systems in medical imaging and radiotherapy solutions68.  

Moreover,  the  Commission  adopted  a  decision  pursuant  to  Article  14  of  the  EU  Merger 
Regulation  imposing  fines  of  EUR  7.5  million  on  Sigma-Aldrich  for  providing  incorrect  or 
misleading  information  during  the  Commission’s  investigation  of  Merck’s  acquisition  of 
Sigma-Aldrich in 201569. 

In 2021, following Illumina’s early implementation of its acquisition of GRAIL  pending the 
outcome  of  merger  review  of  the  transaction70,  the  Commission  adopted  interim  measures 

67 Case M.10047 - Schwarz Group/Suez Waste Management Companies. 
68 Case M.9945 - Siemens Healthineers/Varian Medical Systems. 
69 Case M.7435 - Merck/Sigma-Aldrich. 
70 Case M.10188 - Illumina/GRAIL. 

20 

 
 
                                                 
pursuant  to  Article  8(5)(a)  of  the  EU  Merger  Regulation  to  restore  and  maintain  the 
conditions  of  effective  competition71.  It  was  the  first  time  that  the  Commission  adopted 
interim  measures  following  the  early  implementation  of  a  concentration.  In  parallel,  the 
Commission opened an investigation to assess a possible imposition of a fine for a breach of 
standstill obligation72.  

Finally, on 29 October 2021, the Commission announced the opening of an investigation into 
a possible breach of Article 21 of the EU Merger Regulation73, as Hungary imposed a veto on 
the acquisition of two Hungarian subsidiaries AEGON by VIG, both active in the insurance 
sector,  even  though  the  transaction  had  already  been  unconditionally  approved  by  the 
Commission on 12 August 202174. 

2.2. Review of merger control rules and guidance 

2.2.1. The evaluation of selected procedural and jurisdictional aspects of EU merger control 

In  2021,  the  Commission  finalised  and  published  the  results  of  the  evaluation  of  selected 
procedural and jurisdictional aspects of EU merger control75. Following the evaluation results, 
the  Commission  adopted  a  Communication  providing  guidance  on  the  application  of  the 
referral mechanism set out in Article 22 of the EU Merger Regulation76 to capture potentially 
problematic  transactions  below  its  turnover  thresholds,  for  instance  transactions  involving 
firms  that  play  a  significant  competitive  role  despite  generating  little  or  no  turnover,  or 
transactions involving innovative companies in sectors such as pharmaceuticals.  

Following the findings of the evaluation, the Commission also launched an impact assessment 
on  exploring  policy  options  for  further  simplification  of  merger  procedures,  including  a 
potential  introduction  of  electronic  notification  as  the  default  way  of  notifying  merger 
transactions. The simplification initiative aims to ease the burden on businesses as well as the 
Commission. 

2.2.2. Market definition notice 

Throughout  2021,  the  Commission  continued  its  review  of  the  Commission  Notice  on  the 
definition  of  relevant  market  for  the  purposes  of  Community  competition  law  (‘Market 
Definition  Notice’)77,  applied  in  its  antitrust  and  merger  assessments.  In  July  2021,  the 
Commission  published  the  findings  of  the  evaluation  of  the  Market  Definition  Notice78  and 
started working on a revised Market Definition Notice, in particular, to ensure that it remains 

SWD 

71 Case M.10493 - Illumina/GRAIL (Art. 8(5) procedure). 
72 Case M.10483 - Illumina/GRAIL (Art. 14 procedure). 
73 https://ec.europa.eu/commission/presscorner/detail/en/mex_21_5664. 
74 Case M.10102 - VIG / AEGON CEE. 
75  Commission  Staff  Working  Document,  Evaluation  of  procedural  and  jurisdictional  aspects  of  EU  merger 
control, 
26.3.2021, 
https://ec.europa.eu/competition/consultations/2021_merger_control/SWD_findings_of_evaluation.pdf. 
76  Commission  Guidance  on  the  application  of  the  referral  mechanism  set  out  in  Article  22  of  the  Merger 
26.3.2021, 
Regulation 
https://ec.europa.eu/competition/consultations/2021_merger_control/guidance_article_22_referrals.pdf. 
77 Commission Notice on the definition of relevant market for the purposes of Community competition law, OJ 
C 372, 9.12.1997, p. 5. 
78  Commission  Staff  Working  Document,  Evaluation  of  the  Commission  Notice  on  the  definition  of  relevant 
market for the purposes of Community competition law of 9 December 1997, SWD (2021) 199 final, 12.7.2021, 
https://ec.europa.eu/competition-policy/system/files/2021-07/evaluation_market-definition-notice_en.pdf. 

categories 

certain 

(2021) 

(2021) 

cases, 

final, 

final, 

1959 

66 

of 

to 

C 

21 

 
                                                 
fit for purpose and the digital age. The revision process is ongoing and the Commission will 
consult stakeholders on the draft of the revised Notice in 2022. 

2.3. Significant judgments by the Union Courts in merger control  

In its judgment of 22 September 2021, the General Court upheld the Commission’s decision 
imposing  two  fines  totalling  EUR  124.5  million  on  the  telecommunications  operator  Altice 
for gun jumping, while granting Altice a limited reduction of 10% of the amount of the fine 
applied in relation to the infringement of the notification obligation laid down in Article 4(1) 
of the Merger Regulation79.. 

In  its  judgment  of  20  October  202180,  the  General  Court  upheld  two  2017  Commission 
decisions  approving,  under  the  EU  Merger  Regulation,  the  acquisition  of  certain  Air  Berlin 
assets  by  EasyJet  and  Lufthansa  respectively.  The  General  Court  upheld  the  Commission’s 
assessment, notably confirming that the route-by-route assessment traditionally carried out by 
the  Commission  in  merger  cases  involving  airlines  was  not  warranted  in  these  two  cases, 
since  Air  Berlin  had  completely  and  definitely  ceased  its  operations  at  the  time  of  the 
mergers. Furthermore, the General Court found that the analytical framework applied by the 
Commission under the airport-by-airport approach was sufficiently and adequately explained. 

3. 

STATE AID CONTROL  

State aid control is an integral part of EU competition policy and a necessary safeguard to preserve 
effective competition and free trade in the Single Market. 
The Treaty establishes the principle that State aid which distorts or threatens to distort competition is 
prohibited in so far as it affects trade between Member States (Article 107(1) TFEU). However, State 
aid,  which  contributes  to  certain  well-defined  objectives  without  unduly  distorting  competition 
between  undertakings  and  trade  between  Member  States,  may  be  considered  compatible  with  the 
internal market (for example under Article 107(3) TFEU).  
The  objectives  of  the  Commission’s  control  of  State aid  are to ensure that  aid  is  growth-enhancing, 
efficient and effective, and better targeted in times of budgetary constraints, that aid does not restrict 
competition but addresses market failures for the benefit of society as a whole. In addition to this, the 
Commission acts to prevent and recover State aid which is incompatible with the internal market. 

The  Commission  enforces  State  aid  rules  to  ensure  that  the  support  Member  State 
governments grant to companies does not give them an unfair advantage in the Single Market. 
In 2021, State aid policy continued to play an important role in the crisis response to stabilise 
the economy and preparing for the path to exit the crisis.  

The Temporary Framework for State aid measures adopted at the beginning of the COVID-19 
pandemic in 2020, and amended several times, set out the conditions the Commission applies 
to  declare  aid  compatible. Well-targeted public support  helped  counter the damage inflicted 
on healthy undertakings  and to  preserve the continuity of economic activity. To prepare the 
exit  from  the  COVID-19  crisis  towards  a  sustainable  and  resilient  recovery  of  the  EU 

79 Judgment of the General Court of 22.9.2021, T-425/18, Altice Europe v Commission, EU:T:2021:607. 
80  Judgments  of  the  General  Court  of  20.10.2021,  T-240/18  and  T-296/18,  Polskie  Linie  Lotnicze  ‘LOT’  v 
Commission, EU:T:2021:723; EU:T:2021:724. 

22 

 
 
 
 
                                                 
economy  with  focus  on  green  and  digital  transition,  DG  Competition  together  with  other 
Commission  services  assisted  Member  States  in  preparing  their  Recovery  and  Resilience 
Plans (RRPs).  

However, in 2021 Commission’s activity was not limited to crisis response and recovery. The 
extensive review of the State aid rules and enforcement work continued across all sectors.  

With  the  aim  of  improving  the  interplay  between  EU  funding  rules  and  EU  State  aid  rules 
under the new Multiannual Financial Framework81, in July 2021 the Commission adopted an 
extension  of  the  scope  of  the  General  Block  Exemption  Regulation  (GBER)82,  which 
streamlined  the  State  aid  rules  applicable  to  national  funding  that  fall  within  the  scope  of 
certain recently adopted EU programmes83.  

In  2021,  the  Commission  adopted  revised  EU  Guidelines  on  Regional  Aid,  a  revised 
Communication  on  short-term  export  credit  insurance  (STEC  Communication)84,  the  Risk 
Finance Guidelines, the Communication on State aid rules for Important Projects of Common 
European  Interest  (‘IPCEI  Communication'),  endorsed  the  Guidelines  for  State  aid  for 
climate,  environmental  protection  and  energy  (‘CEEAG'),  which  were  formally  adopted  in 
January 202285, and submitted draft Broadband Guidelines for consultation86. The review of 
the  sector  specific  rules  and  guidance  is  elaborated  further  in  the  second  part  of  the  Staff 
Working Document in the sectoral overview below. 

3.1.  Temporary  Framework  for  State  aid  measures  to  support  the  economy  in  the 
current COVID-19 outbreak  

On 19 March 2020, the Commission adopted a Temporary Framework for State aid measures 
to enable Member States to use the full flexibility foreseen under State aid rules to support the 
economy87.  The  Temporary  Framework  for  State  aid  measures,  which  was  initially 

81 See: https://ec.europa.eu/info/strategy/eu-budget/long-term-eu-budget/2021-2027_en. 
82 Commission Regulation (EU) 2021/1237 of 23 July 2021 amending Regulation (EU) No 651/2014 declaring 
certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty 
(Text with EEA relevance), OJ L 270, 29.7.2021, p.39. Public funding that fulfils the conditions of State aid as 
defined in Article 107(1) of the TFEU must normally be notified  to the Commission and approved before it is 
put into effect, in order to ensure that public spending does not cause unfair competition for companies operating 
within the EU's internal market. However, Member States are not obliged to notify State aid to the Commission, 
if the aid in question meets all the relevant criteria set out in the GBER. 
83  The  concerned  national  funds  are  those  relating  to:  Financing  and  investment  operations  supported  by  the 
InvestEU Fund; Research, Development and Innovation (RDI) projects having received a “Seal of Excellence” 
under  Horizon  2020  or  Horizon  Europe,  as  well  as  co-funded  research  and  development  projects  or  Teaming 
actions  under  Horizon  2020  or  Horizon  Europe;  certain  trans-European  digital  connectivity  infrastructure 
projects funded by or having received a “Seal of Excellence” under the Connecting Europe Facility (Regulation 
(EU) 2021/1153); European Territorial Cooperation (ETC) projects, also known as Interreg. 
84 Communication from the Commission to the Member States on the application of Articles 107 and 108 of the 
Treaty on the Functioning of the European Union to short-term export credit insurance, OJ C 497, 10.12.2021, 
pp. 5-13.  
85  Communication  from  the  Commission  —  Guidelines  on  State  aid  for  environmental  protection  and  energy 
2014-2020, OJ C 200, 28.6.2014, p. 1-55, See: EUR-Lex - 52014XC0628(01) - RO - EUR-Lex (europa.eu). 
86 https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6049. 
87 Communication from the Commission: Temporary framework for State aid measures to support the economy 
in  the  current  COVID-19  outbreak,  OJ  C  91  I,  20.3.2020,  p.  1,  as  amended  by  Commission  Communications 
C(2020) 2215, OJ C 112I, 4.4.2020, p. 1; C(2020) 3156, OJ C 164, 13.5.2020, p. 3; C(2020) 4509, OJ C 218, 
2.7.2020, p. 3; C(2020) 7127, OJ C 340I, 13.10.2020, p. 1 and C(2021) 564, OJ C 34, 1.2.2021, p. 6 and C(2021) 
8442, OJ C 473, 24.11.2021, p. 1. 

23 

 
                                                 
established with an expiry date of 31 December 2020, provides a number of aid measures that 
the  Commission  considers  compatible  under  Article  107(3)(b)  and  Article  107(3)(c)  TFEU, 
such  as  limited  amount  of  aid,  selective  tax  advantages  and  State  guarantees  for  loans.  The 
aim of the Temporary Framework for State aid measures is to allow Member States to tackle 
the difficulties undertakings are currently encountering whilst maintaining the integrity of the 
EU internal market and ensuring a free and fair competition. The Temporary Framework for 
State  aid  measures  includes  certain  requirements  related  to  the  green  and  digital 
transformation.  Large  undertakings  that  have  received  recapitalisation  aid  need  to  report  on 
how the aid received supports their activities in line with EU targets and national obligations 
related  to  green  and  digital  transformation,  including  the  EU’s  2050  climate  neutrality 
objective. 

Furthermore,  on  the  basis  of  Article  107(2)(b)  TFEU,  Member  States  can  also  compensate 
undertakings  that  have  suffered  damage  directly  caused  by  the  COVID-19  pandemic  (for 
example  in  the  sectors  of  transport,  tourism,  culture,  hospitality  and  retail).  Member  States 
can notify such damage compensation measures and the Commission will assess them directly 
under Article 107(2)(b) TFEU. 

3.1.1. The Temporary Framework for State aid measures: expansion and prolongation 

Since its adoption, the Temporary Framework for State aid measures has been amended four 
times in 2020, and twice in 2021, in order to support those sectors of the economy that were 
most vulnerable to the rules applied in the Member States as a consequence of the pandemic.  

On 28 January 2021, the Commission prolonged the availability of all measures set out in the 
Temporary  Framework  for  State  aid  measures,  including  recapitalisation  measures,  until  31 
December 2021, and expanded the scope of the Temporary Framework for State aid measures 
by increasing the ceilings set out for certain measures and allowing the conversion of certain 
repayable instruments into direct  grants until the end of 202188. On 18 November 2021, the 
Commission  has decided to  prolong the  Temporary  Framework for State  aid  measures  until 
30 June 2022, while setting out a path for the progressive phase-out of crisis measures89. In 
order to further support the recovery from the pandemic, the Commission has also decided to 
introduce  two  new  categories  of  measures  to  create  direct  incentives  for  future-oriented 
private investment and solvency support measures, for an additional limited period.  

3.1.2. Measures authorised in the context of the COVID-19 pandemic 

During  2020-2021,  the  Commission  had  taken  more  than  1180  decisions  (among  them 
slightly more than 470 amendment decisions) in all Member States, including those under the 
Temporary  Framework  for  State  aid  measures.  State  support  totalling  EUR  3.13  trillion  to 
companies  affected  by  the  COVID-19  pandemic  was  assessed.  There  are  a  number  of 

88 Communication from the Commission: Fifth Amendment to the Temporary Framework for State aid measures 
to support the economy in the current COVID-19 outbreak and amendment to the Annex to the Communication 
from  the  Commission  to  the  Member  States  on  the  application  of  Articles  107  and  108  of  the  Treaty  on  the 
Functioning of the European Union to short-term export-credit insurance C(2021) 564, OJ C 34, 1.2.2021, p. 6-
15. 
89 Communication from the Commission Sixth Amendment to the Temporary Framework for State aid measures 
to support the economy in the current COVID-19 outbreak and amendment to the Annex to the Communication 
from  the  Commission  to  the  Member  States  on  the  application  of  Articles  107  and 108  of  the  Treaty  on  the 
Functioning of the European Union to short-term export-credit insurance C/2021/8442, OJ C 473, 24.11.2021, p. 
1–15. 

24 

 
                                                 
important caveats for some measures under the Temporary Framework for State aid measures, 
for which it is not necessary to indicate an amount. Therefore, the amounts included are best 
estimates based on amounts approved in State aid decisions and other available statistics, for 
example,  mentioned  in  public  communications  by  national  authorities,  and  in  official 
information communicated by the national authorities.  

All State aid approved was considered necessary and proportionate to support businesses and 
remedy the serious disturbance to the European economy due to the COVID-19 pandemic. At 
the same time, there were major differences in the amounts approved across Member States, 
which  appears  linked  to  the  fiscal  space  they  have  as  well  as  the  respective  size  of  their 
economies. 

More  specifically,  51.7%  of  State  aid  approved  has  been  notified  by  Germany.  Italy  has 
notified measures that represent around 15.5% of the entire amount of State aid, while the aid 
notified  by  France  represents  14.5%  of  this  amount.  The  aid  notified  by  Spain  represents 
5.5%  of  the  entire  amount  of  State  aid  approved,  while  the  aid  notified  by  Poland  and 
Belgium corresponds to around 2.3% and 1.9%, respectively. Aid notified by other Member 
States is estimated to be between 0.04% and 1.5% of the total EUR 3.13 trillion estimated. 

Based on the replies of 26 Member States that responded to the survey90, in the period until 
end of June 2021, of the EUR 3.01 trillion in aid approved by then, around EUR 729 billion 
was actually used, representing about 5.4% of EU GDP 2019.  

The nominal amounts actually provided vary widely across Member States. In absolute terms, 
according  to  the  data  sent  by  Member  States,  France  has  granted  more  than  a  fourth  of  the 
total  aid  provided  (EUR  188  billion),  followed  by  Italy  with  23%  (EUR  169  billion), 
Germany  with  19%  (EUR  136  billion)  and  Spain  with  14%  (EUR  105  billion).  In  relative 
terms, Italy has increased the speed of spending in the first half of 2021 becoming the country 
that has provided to the economy the most as compared to its own GDP91 (9.4%), followed by 
Spain (8.4%). France (7.7%), Hungary (6.7%), and Greece (6.1%). Member States that were 
most affected by the first wave of the pandemic show a general slowdown in the disbursement 
of  funds  from  December  2020  to  June  2021  (France,  Germany,  the  Netherlands  and 
Denmark), with the exception of Italy and Spain that have largely increased their spending in 
the first half of 2021.92 The other large increases of COVID-19 related State aid expenditure 
in 2021 took place in the Member States most hit by later waves (Hungary, Slovenia, Latvia, 
Czechia, Slovakia, Lithuania and Cyprus).  

This emerging picture shows that State aid measures actually implemented by Member States 
are not disproportionate to the economic damage suffered during the crisis. This is reassuring 
as it addresses potential concerns as regards the level playing field. 

90 26 out of 27 Member States replied to the survey launched in June 2021: Austria did not provide the requested 
information. 
91 Pre COVID-19 crisis GDP as of 2019.  
92  Bruegel’s  data  collection  on  Government-guaranteed  bank  lending:  Anderson,  J.,  F.  Papadia  and  N.  Véron 
(2021)  ‘COVID-19  credit-support  programmes  in  Europe’s  five  largest  economies,  Working  Paper  03/2021, 
Bruegel. 

25 

 
 
                                                 
3.2. Facilitating the exit from the pandemic – Recovery and Resilience Facility (RRF)  

The  Recovery  and  Resilience  Facility  (RRF)  programme  entered  into  force  on  19  February 
202193. It finances reforms and investments in Member States from the start of the pandemic 
in February 2020 until 31 December 2026. The Commission supports the implementation of 
the first pillar of the Next Generation EU, the RRF. With funding of EUR 672.5 billion, RRF 
represents by far the largest part of the NextGenerationEU recovery package of over EUR 800 
billion94.  The  RRF  supports  public  investments  and  reforms  in  the  Member  States,  helping 
them  to  address  the  economic  and  social  impact  of  the  COVID-19  pandemic  as  well  as  to 
facilitate the green and digital transitions.  

To  receive  grants  and  low-interest  loans  under  the  RRF,  Member  States  have  submitted 
Recovery and Resilience Plans (RRPs) for the Commission’s assessment before disbursement 
of any funds. State aid control accompanies and facilitates the implementation of the RRPs to 
ensure  that  supported  investment  and  reform  projects  are  compatible  with  State  aid  rules. 
Member States will notify to the Commission measures that may entail State aid, and that do 
not  fall  under  one  of  the  existing  General  Block  Exemption  Regulations  (GBER,  ABER, 
FIBER)  or  under  an  existing  authorized  scheme.  To  that  end,  DG  Competition  published  a 
Practical guidance to Member States for a swift treatment of State aid notifications in the RRF 
framework and will continue to provide guidance and templates to the Member States95. 

3.3. State aid for horizontal objectives  

Over the years, the architecture of State aid control has evolved. Today, a substantial part of 
aid  is  granted  under  block-exempted  schemes  which  are  not  examined  by  the  Commission 
before  entering  into  force.  State  aid  for  horizontal  objectives  generally  accounts  for  the 
overwhelming majority of all aid.  

Already  now,  the  General  Block  Exemption  Regulations  (GBER,  ABER,  FIBER)96  allow 
Member  States  to  implement  a  wide  range  of  public  support  measures  in  areas  such  as 
research  and  development,  environmental  protection,  broadband  connectivity,  regional 
development or support to SMEs with prior notification if certain conditions are fulfilled. As 
illustrated by the graphs below, much of horizontal aid falls under the GBER.  

93 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing 
the Recovery and Resilience Facility, OJ L 57, 18.2.2021, p. 17–75. 
94 See: NextGenerationEU (europa.eu). 
95 https://ec.europa.eu/competition/state_aid/what_is_new/practical_guidance_to_MS_for_notifications_under_RRF.pdf. 
96  Commission  Regulation  (EU)  No  651/2014  of  17  June  2014  declaring  certain  categories  of  aid  compatible 
with the internal market in application of Articles 107 and 108 of the Treaty; Commission Regulation (EU) No 
702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural 
areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning 
of  the  European  Union;  Commission  Regulation  (EU)  No  1388/2014  of  16  December  2014  declaring  certain 
categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture 
products  compatible  with  the  internal  market  in  application  of  Articles  107  and  108  of  the  Treaty  on  the 
Functioning of the European Union. 

26 

 
                                                 
 
GBER  State  aid  expenditure  by  objective  in  the  EU,  excluding  aid  for  agriculture,  fisheries 
and railways 

27 

 
 
 
 
 
State aid decisions 2012-2021 

1300

1200

1100

1000

900

800

700

600

500

400

300

200

100

0

18

2

55

234

21
49

431

251

18
105

340

13

119

195

16
60

208

42

232

25
77

293

5

111

70

112
16
43

2

60

124

35
28

11

2

72

98
26
22

18 7

3

9

47
99
11

195

190

159

158

5

37

143

8

21

5

41
103

18

25

7

Evaluation Plan

Decided/closed Monitoring of
approved cases
Decided/closed Market
Information
Decided/closed Complaints

Non-aid decisions

945

955

Final decisions

Decision not to raise
objections

Source: Directorate-General for 
Competition

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

3.3.1. State aid for climate, environmental protection and energy  

In  December  2021,  the  Commission  endorsed  the  new  Guidelines  on  State  aid  for  climate, 
environmental protection and energy 2022 (CEEAG)97, replacing the Guidelines on State aid 
for  environmental  protection  and  energy  2014-2020  (2014  EEAG)98.  The  guidelines,  which 
entered into force upon their adoption on 27 January 2022, follow the announcement of the 
European Green Deal99  and adoption of the  European Climate law100. The CEEAG create a 
flexible,  fit-for-purpose  enabling  framework  to  help  Member  States  provide  the  necessary 
support  to  achieve  the  European  Green  Deal  objectives  in  a  targeted  and  cost-effective 
manner. Further details can be found in Section II 1.1 below.  

3.3.2. State aid for research, development and innovation 

To  achieve  the  greatest  possible  impact  with  available  budgets,  State  aid  for  research, 
development and innovation (RDI) should not replace or crowd out private financing. To the 
contrary,  public funding should leverage  more private investments.  RDI  aid  can help  where 
market  forces  alone  do  not  deliver  the  necessary  investments  in  promising  but  high-risk 

97  Communication  from  the  Commission  –  Guidelines  on  State  aid  for  climate,  environmental  protection  and 
energy 2022, OJ C 80, 18.2.2022, p. 1-89. 
98  Communication  from  the  Commission  —  Guidelines  on  State  aid  for  environmental  protection  and  energy 
2014-2020, OJ C 200, 28.6.2014, p. 1–55 
99  Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  The  European  Green  Deal, 
COM(2019) 640 final.  
100 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the 
framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 
(‘European Climate Law’), OJ L 243, 9.7.2021, p. 1–17. 

28 

 
 
 
 
                                                 
innovative projects. 

In  2021,  the  Commission  continued  to  ensure  that  aid  schemes  and  individual  measures 
notified or pre-notified under the RDI State aid rules were well targeted to projects enabling 
ground-breaking research and innovation. The Commission’s State aid control in the field of 
RDI  covered  a  variety  of  sectors  including  novel  technologies  for  the  decarbonisation  of 
industrial  production  processes,  for  electric  and  connected  mobility,  for  digital  solutions  in 
process  innovations,  as  well  as  research  and  technology  infrastructures,  innovation  clusters 
and  high  power  computing,  with  a  focus  on  support  for  the  development  of  new  clean  and 
digital technologies supporting Europe’s green and digital transition. 

Following the State Aid Modernisation in 2014101, total RDI State aid expenditure under the 
GBER as well as the RDI Framework rose from EUR 8.9 billion in 2014 to almost  EUR 14 
billion in 2019, with EUR 12.8 billion disbursed under the GBER alone. 

The GBER was amended in 2021 to introduce provisions to facilitate and simplify State aid 
assessments  for  RDI  projects  by  combining  funding  from  the  Horizon  Europe  programme 
with national funds. 

Following the fitness check, the Commission continued work on revising the State aid rules 
for RDI. The objective is to ensure that the revised State aid rules for RDI are fit for purpose 
taking into account the market and technological evolution as well as the specific objectives 
of  the  twin  transition  to  a  green  and  digital  economy  as  well  as  the  EU  research  and 
innovation policy. 

3.3.3. Aid enabling Member States jointly to support important projects of common European 
interest  

Until  the  end  of  2021,  the  Commission  assessed  proposed  State  aid  for  the  execution  of 
Important Projects of Common European Interest (IPCEI) based on the compatibility criteria 
set out in a dedicated Communication102 adopted in 2014. In order to be deemed compatible 
under  these  rules,  eligible  projects  must  address  an  important  market  failure  or  other 
important  systemic  failures  and  (i)  significantly  contribute  to  strategic  EU  objectives;  (ii) 
involve  several  Member  States;  (iii)  involve  private  financing  by  the  beneficiaries;  (iv) 
generate positive spill over effects across the EU and (v) limit distortions to competition.  

In January 2021, in line with the Commission’s battery alliance initiative103, the second set of 
batteries  IPCEI,  for  developing  innovative  technologies  for  e-mobility  and  storage,  jointly 
notified by 12 Member States, was approved by the Commission104.  

In  addition,  in  line  with  the  updated  Industrial  Strategy  Communication,  discussions  with 
Member  States  and  industry  on  possible  new  IPCEIs  in  the  areas  of  hydrogen  technologies 

101 State aid: Commission turns state aid modernisation into action and calls for better cooperation with Member 
States to boost growth (europa.eu) 
102  Communication  from  the  Commission  —  Criteria  for  the  analysis  of  the  compatibility  with  the  internal 
market of State aid to promote the execution of important projects of common European interest 
OJ C 188, 20.6.2014, p. 4–12. 
103  Strategic  Action  Plan  on  Batteries,  Communication  from  the  Commission  to  the  European  Parliament,  the 
Council, the European Economic and Social Committee and the Committee of the Regions: Europe on the Move, 
17.5.2018, COM(2018) 293 final Annex 2. 
104 See:State aid: Commission approves aid in battery value chain (europa.eu). 

29 

 
                                                 
and  systems,  cloud  infrastructure  and  services,  microelectronics  &  connectivity  and  health 
have  intensified  in  2021.  Concrete  projects  for  two  hydrogen  IPCEIs  (technology  and 
industry) emerged in the second half of 2021, and just before the end of the year, a number of 
projects  that  will  form  part  of  an  eventual  new  IPCEI  in  microelectronics  and  connectivity 
emerged as well. Not all of these projects have been notified to the Commission yet, but in all 
the  areas  mentioned  above  IPCEI  are  expected  to  emerge  in  the  course  of  2022.  These  can 
contribute to increasing the resilience of the EU and addressing strategic dependencies. 

In  2021,  the  Commission  finalised  the  revision  of  the  IPCEI  Communication  following  the 
fitness check of the State aid package. The new revised IPCEI Communication was adopted 
by the Commission in November 2021 and will apply from January 2022105. 

The  revised  IPCEI  Communication  requires  that  at  least  four  Member  States  participate, 
further incentivises and encourages the participation of SMEs in IPCEIs, clarifies the notion 
of  first  industrial  deployment  and  introduces  the  ‘do  no  significant  harm’  principle  into  the 
assessment framework.  It states  that  IPCEIs  can  contribute to  sustainable economic  growth, 
jobs, competitiveness and resilience for industry and the economy in the Union and strengthen 
its open strategic autonomy. 

3.3.4. Regional aid  

In  April  2021,  the  Commission  adopted  revised  Regional  Aid  Guidelines  that  entered  into 
force  on  1  January  2022106.  It  is  for  the  Member  States  to  notify  their  future  regional  aid 
maps, which are subject to individual decisions by the Commission. By 31 December 2021, 
the Commission had adopted a new regional aid map for almost half of the Member States.  

The Regional Aid Guidelines were the first set of State aid rules to be revised following the 
announcement  of  the  European  Green  Deal  and  the  European  Industrial  and  Digital 
Strategies. The revised rules include a number of targeted adjustments to simplify and reflect 
experience gained from the application of the previous rules, as well as to  take into account 
those new policy priorities. 

In  2021,  the  Commission  also  adopted  several  regional  aid  decisions  authorising  regional 
investment aid for SKBM’s investment project107 for a new battery cell plant in Hungary and 
also approving the one-year extension of two operating aid schemes in outermost regions108. 
The  Commission  has  further  approved  the  prolongation  of  the  French  fiscal  aid  scheme  to 
support  productive  investments  in  the  French  outermost  regions  until  2027109,  and  the 
extension  of  a  scheme  supporting  social  housing  in  Saint  Martin110  until  2025.  The 

aid 

aid: 

State 

State 

rules, 

adopts 

revised 

105 
Commission 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6245. 
106 State aid: Commission adopts revised Regional Aid Guidelines, available 
at:https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1825. 
107 Case SA.58633 LIP – regional investment aid to SKBM Hungary. See: SA_58633_B00B247D-0000-C867-
BF2A-DDFCB1574EA8_146_1.pdf (europa.eu).  
108  Cases  SA.60766  -  Reduced  rate  of  excise  duty  applied  to  rum  and  liqueurs  produced  and  consumed  in 
Madeira  for  the  period  1.1.2021-31.12.2021  (prolongation  of  scheme  SA.38823);  SA.60288  -  Prolongation  of 
Octroi  de  mer  scheme  SA.46899  until  June  2021;  SA.63693  -  Operating  aid  scheme  for  outermost  regions 
providing reductions on the Octroi de Mer Tax. 
109 Case SA.60282 - Aide fiscale à l'investissement productif outre-mer (défiscalisation). 
110 Case SA.62675 - Aide fiscale à l'investissement en faveur du logement social à Saint-Martin. 

available 

at: 

30 

 
                                                 
Commission also approved a plan to evaluate a large block exempted Greek scheme111. 

3.3.5. Aid for financial institutions 

In  2021,  the  Commission  authorised  the  prolongation  of  existing  schemes  for  banks  to 
continue  supporting  the  resilience  of  the  sector,  without  the  need  of  granting  new  aid  to 
individual financial institutions. In particular, the Commission authorised the prolongation of 
schemes  for  the  restructuring  or  orderly  market  exit  of  entities  in  distress,  in  Poland112, 
Ireland113  and  Denmark114,  and  for  addressing  potential  liquidity  challenges  for  banks  in 
Greece115. In addition, the Commission allowed the prolongation of guarantee schemes for the 
in  Greece  (“Hercules”116)  and  Italy 
securitisation  of  non-performing 
(“GACS”117), continuing to help banks clean up their balance sheets without granting aid or 
distorting competition.  

loans  (NPLs) 

During the  year, the Commission  authorised indirect  aid  to  financial institutions in schemes 
primarily targeted at providing social support to vulnerable households at risk of losing their 
home in Cyprus118 and Greece119. In addition, the Commission authorised Member States to 
support  young  small  and  medium-sized  enterprises  (SMEs)  and  start-ups  typically  suffering 
from limited access to finance. In this respect, the Commission approved a modification of the 
existing  risk  finance  scheme  in  France120.  It  approved  a  pricing  methodology  for  market-
conform  guarantees  to  be  provided  by  Banco  Português  de  Fomento,  a  Portuguese 
development  bank121,  and  a  EUR  11.2  million  capital  increase  for  the  Fund  Manager  of 
Financial  Instruments  in  Bulgaria  (FMFIB)122,  which  manages  the  financial  instruments  co-
financed by the European Structural and Investment Funds. Finally, the Commission updated 
some  State  aid  rules  related  to  financial  instruments,  in  line  with  the  Commission’s  current 
policy priorities, in particular the General Block Exemption Regulation (GBER)123, the Short-
Term Export Credit (STEC) Communication124 and the Risk Finance Guidelines (RFG)125.  

3.3.6. Aid supporting fixed and mobile broadband deployment and take-up 

111 Case SA.61580 - Inclusion of the Small and Micro Enterprises Scheme under the approved evaluation plan 
for the General Entrepreneurship Scheme. 
112 Case SA.63002, OJ C 285, 16.7.2021, p.1; Case SA.64522, OJ C 487, 3.12.2021, p.1. 
113 Case SA.62303, OJ C 240, 18.6.2021, p.1; Case SA.100030, OJ C 487, 3.12.2021, p.1; and Case SA.62649, 
OJ C 240, 18.6.2021, p.1. 
114 Case SA.58478, OJ C 60, 19.2.2021, p.1. 
115 Case SA.59030, OJ C 144, 23.4.2021, p.1. 
116 Case SA.62242, OJ C 214, 4.6.2021, p.1. 
117 Case SA.62880, OJ C 295, 23.7.2021, p.1. 
118 Case SA.63005, OJ C 366, 10.9.2021, p.1. 
119 Case  SA.100197.  The 
https://ec.europa.eu/competition/elojade/isef/index.cfm?fuseaction=dsp_result&policy_area_id=1,2,3. 
120 Case SA.59985, OJC 195, 21.5.2021, p.1. 
121 Case SA.61340, OJ C 327, 13.8.2021, p.1. 
122 Case  SA.61100.  The 
https://ec.europa.eu/competition/elojade/isef/index.cfm?fuseaction=dsp_result&policy_area_id=1,2,3. 
123 Commission Regulation (EU) 2021/1237 of 23 July 2021 amending Regulation (EU) No 651/2014 declaring 
certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty 
(Text with EEA relevance), OJ L 270, 29.7.2021, pp.39-75. 
124 Communication from the Commission to the Member States on the application of Articles 107 and 108 of the 
Treaty on the Functioning of the European Union to short-term export credit insurance, OJ C 497, 10.12.2021, 
pp.5-13. 
125  Communication  from  the  Commission:  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C 
508, 16.12.2021, pp. 1–36. 

published.  See: 

published.  See: 

decision 

decision 

version 

version 

official 

official 

not 

not 

the 

yet 

yet 

the 

of 

of 

is 

is 

31 

 
                                                 
The number of measures concerning support to the deployment of mobile networks continued 
to increase in 2021, with the adoption of a EUR 2.1 billion federal German scheme, a regional 
mobile  scheme  in  Lower-Saxony,  a  Spanish  scheme  to  support  the  deployment  of  passive 
infrastructure for the provision of mobile communication services in areas without 4G mobile 
coverage126 and a Galician measure supporting rural mobile deployment127. The Commission 
also approved several decisions concerning fixed broadband, notably a Spanish measure roll 
out  networks  providing  at  least  300  Mbps  symmetrical  speeds,  upgradeable  to  1  Gbps 
symmetrical128,  in  areas  with  no  more  than  one  next  generation  access  network  and  where 
available  download  connectivity  was  below  100  Mbps.  The  Commission  also  adopted  the 
prolongation  of  a  Croatian  scheme  for  the  development  of  NGA  networks129.  The 
Commission also approved a EUR 610 million Italian voucher scheme to facilitate the access 
of SMEs130 to high-speed broadband services, as well as a measure supporting the connection 
of Italian schools131. 

3.3.7. Aid strengthening the resilience of the EU semiconductors ecosystem 

The State aid  rules also  provide a number of possibilities  to  strengthen the resilience of the 
EU  semiconductors  ecosystem.  In  its  Communication  on  a  Competition  Policy  fit  for  new 
challenges  of  18  November  2021132,  the  Commission  identified  the  global  semiconductor 
shortage  and  the  EU’s  dependency  on  supply  from  a  limited  number  of  companies  in  a 
changing geopolitical context as a challenge for the Union. Against this specific background, 
the Communication specified that it may envisage approving support to fill potential funding 
gaps  for  the  establishment  in  particular  of  European  “first-of-a-kind”  facilities  in  the 
semiconductor  ecosystem  based  on  Article  107(3)(c)  TFEU.  This  legal  basis  allows  the 
Commission to approve aid to facilitate the development of certain economic activities or of 
certain  economic  areas  to  be  compatible  with  State  aid  rules,  where  it  does  not  adversely 
affect trading conditions to an extent contrary to the common interest. In order to make sure 
that  the  overall  balance  of  effects  of  such  aid  is  positive,  aid  will  be  subject  to  strong 
competition  safeguards  as  well  as  ensuring  that  benefits  are  shared  widely  and  without 
discrimination  across  the  European  economy.  On  8  February  2022,  the  Commission  further 
clarified relevant concepts in its Communication on a Chips Act for Europe133. 

3.3.8. Infrastructure support measures 

The  Commission  approved  several  support  measures  for  infrastructure  projects.  In  January 
2021, the Commission approved Greek public funding for the construction and operation of 
the  North  section  of  the E65  Motorway134.  In  March  2021,  the  Commission  approved  State 
aid for the reconstruction of Parc Exposition Hall 3 Le Bourget in Paris, in the context of the 

126 SA.64394 RRF - Spain- National aid scheme for passive infrastructure for mobile networks. 
127 SA.57216 Mobile coverage in rural areas in Galicia-Spain. 
128 SA.62696 ( 2021/N ) RRF - Extension of Broadband Scheme for NGA White and Grey Areas. 
129 SA.100662 RRF-Croatia-National Broadband Plan. 
130 SA.57496 Broadband vouchers for SMEs – Italy. 
131 SA.57497 ( 2020/N ) Broadband infrastructure roll-out to connect schools – IT. 
132 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions  -  A  competition  policy  fit  for  new  challenges, 
COM(2021)713, 18.11.2021. 
133 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions  -  A  Chips  Act  For  Europe,  COM(2022)45  and  related 
proposals, 8.2.2022. 
134 SA.54273 - E65 Motorway Concession - Trikala-Egnatia (North section). 

32 

 
                                                 
2024  Olympic  and  Paralympic  Games135.  In  July  2021,  the  Commission  approved  State  aid 
for the construction of a carbon capture and utilisation facility in Hengelo (Netherlands)136. In 
December  2021,  the  Commission  approved  the  amendment  of  a  German  measure  to 
encourage the shift from road to railway in the Land of Saxony-Anhalt137. 

3.3.9. Evaluation of aid schemes by Member States 

The  State  Aid  Modernisation  (SAM)  introduced  the  requirement  for  Member  States  to 
evaluate certain aid schemes. The aim is to gather the necessary evidence to better identify the 
impact, positive and negative, of the State aid and to provide input for future policy-making 
by the Member States and the Commission. Since 1 July 2014, evaluation is required for large 
GBER schemes in certain aid categories138 as well as for a selection of notified schemes under 
the new generation of State aid guidelines139.  

By  the  end  of  2021,  the  Commission  had  approved  evaluation  plans  covering  76  State  aid 
schemes.  Twelve  additional  schemes  are  currently  under  analysis,  covering  a  total  of  17 
Member  States140  and  the  United  Kingdom.  Most  of  these  decisions  concerned  either  large 
regional  aid  projects  or  Research,  Development  and  Innovation  (RDI)  aid  schemes  under 
GBER  or  notified  energy  and  broadband  schemes.  In  total,  these  schemes  account  for  over 
EUR  62  billion  in  annual  State  aid  budget.  By  the  end  of  2021,  the  Member  States  had 
delivered to the Commission 27 interim and 33 final evaluation reports. They were assessed 
by the Commission services and considered to be of average to good quality141.  

In  2021,  the  Commission  proposed  a  partial  restructuring  of  the  evaluation  requirement, 
which  would  take  into  account  the  experience  gained  in  previous  years  as  well  as  the  2020 
fitness  check  and  fact-finding  study.  The  revised  version  of  the  evaluation  requirement 
features already in the newly approved guidelines on Regional aid, Risk Finance and ETS. 

Due  to  the  COVID-19  pandemic,  in  2021  the  Commission  did  not  organise  any  workshop 
with  Member  State  representatives  and  evaluation  experts  as  in  previous  years.  The 
Commission  expects  to  resume  the  annual  meetings  in  2022.  The  current  priority  of  the 
Commission  is  to  comprehensively  assess  evaluation  reports,  both  intermediate  and  final 
ones, in order to: (i.) give appropriate feedback to Member States, (ii.) make sure that results 
are used for better policy-making, and  (iii.) provide evidence to  assist  Member States when 
reflecting on future legal developments. 

135 SA.61094 - Aide à l’investissement pour la reconstruction du hall 3 du parc des expositions du Bourget en 
vue des jeux olympiques et paralympiques 2024. 
136 SA.61295 – Aid to Twence for investment in CO2 capture technology. 
137 SA.63202 - Modification of SA.54102 Scheme to promote investment to strengthen rail  freight transport in 
Saxony-Anhalt. 
138 Schemes with an average annual State aid budget above EUR 150 million in the fields of regional aid, aid for 
SMEs and access to finance, aid for research and development and innovation, energy and environmental aid 
 and aid for broadband infrastructures. 
139 Evaluation can apply to notified aid schemes with large budgets, containing novel characteristics or when 
 significant market, technology or regulatory changes are foreseen. 
140 Austria, Croatia, Czechia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Poland, 
 Portugal, Romania, Slovakia, Spain, and Sweden. 
141  All  the  submitted  evaluation  reports  are  reviewed  by  the  JRC  within  the  framework  of  the  Administrative 
Arrangement  established  between  DG  Competition  and  the  JRC  on  the:  "Support  to  the  quality  assessment  of 
evaluation  reports  in  the  area  of  State  Aid,  2018-2020".  The  JRC  has  continued  to  support  DG  Competition 
under the  new  Administrative Arrangement  for the  “Support to the quality assessment of evaluation plans and 
reports in the area of State Aid, 2021-2023 (EVALSA II)”. 

33 

 
                                                 
1.4. Strengthening  the  Commission  toolbox  –  a  new  policy  initiative  redressing 

distortive foreign subsidies  

In  May  2021,  the  European  Commission  adopted  a  proposal  for  a  Regulation  on  foreign 
subsidies  distorting  the  internal  market142,  accompanied  by  an  Impact  Assessment  report143. 
The  legislative  proposal  follows  the  publication  of  a  White  Paper  in  June  2020144  and  an 
extensive consultation process with stakeholders. 

The proposal aims at closing a regulatory gap. Subsidies granted by third countries currently 
go  largely  unchecked,  while  aid  granted  by  EU  Member  States  is  subject  to  EU  State  aid 
rules. The proposed new tool is designed to tackle foreign subsidies that cause distortions and 
harm competition in the internal market. The proposed Regulation will allow the Commission 
to investigate foreign subsidies and redress their distortive effects in any market situation, but 
with a specific focus on concentrations and public procurement procedures.  

The proposal includes three tools: i.) proposed concentrations where the target company has 
an  EU  turnover  of  at  least  EUR  500  million  and  the  foreign  financial  contribution  exceeds 
EUR  50  million,  would  have  to  be  notified  to  the  Commission;  ii.)  bids  in  EU  public 
procurement  procedures  involving  foreign  financial  contributions  where  the  value  of  the 
procurement is at least  EUR 250 million would have to be notified to the Commission; and 
iii.)  the  Commission  would  be  empowered  to  investigate  ex-officio  other  market  situations, 
including smaller concentrations and smaller public procurement procedures.  

The  Commission  would  have  exclusive  competence  to  enforce  the  Regulation.  When  the 
negative effects of the foreign subsidy outweigh its positive effects, the Commission will have 
the  power  to  impose  redressive  measures  or  accept  commitments  to  remedy  the  distortion. 
Such measures and commitments include a range of structural or behavioural remedies, such 
as  the  divestment  of  certain  assets  or  the  prohibition  of  a  certain  market  behaviour.  The 
Commission will also have the power to prohibit a subsidised concentration or the award of a 
public procurement contract to a subsidised bidder. The Commission’s proposal is subject to 
the ordinary legislative procedure by the co-legislators, the Council and in Parliament. 

3.5. Monitoring, recovery and cooperation with national courts  

3.5.1 Increased monitoring of existing State aid to ensure competition on fair and equal terms  

Pursuant  to  the  most  recent  figures  available145,  95.5%  of  the  new  State  aid  measures 
implemented in 2020 are covered by GBER and, among all the State aid measures active in 
the  same  year,  86.1%  are  GBER  measures.  These  figures  show  that  it  is  essential  for  the 
Commission  to  verify  that  Member  States  apply  State  aid  schemes  correctly  and  that  they 
only  grant  aid  when  all  required  conditions  are  met.  Therefore,  monitoring  is  the 
counterweight to ‘self-assessment’ by Member States resulting from the exemption from the 
notification  obligation  (for  example  the  GBER)  and  also  a  necessary  complement  of  the 
approval of State aid schemes by the Commission.  

142 See: https://ec.europa.eu/competition-policy/international/foreign-subsidies_en. 
143 See: https://ec.europa.eu/competition/international/overview/impact_assessment_report.pdf.  
144 See: https://ec.europa.eu/competition-policy/system/files/2021-06/foreign_subsidies_white_paper_en.pdf. 
145  See 
aid/scoreboard_en. 

the  State  Aid  Scoreboard  2020,  available  at  https://ec.europa.eu/competition-policy/state-

34 

 
 
                                                 
3.5.2 Restoring competition by recovering of State aid granted in breach of the rules 

To  ensure  the  integrity  of  the  internal  market,  Member  States  must  take  all  necessary 
measures to recover unlawful and incompatible aid. The purpose of recovery is to restore the 
situation that existed on the internal market prior to the granting of the aid. This is necessary 
to ensure that competition in the Single Market can take place on fair and equal terms.  

In 2021 the Commission continued its efforts to ensure that recovery decisions are enforced 
effectively and immediately. The Commission adopted five new recovery decisions, totaling 
an estimated EUR 1.2 billion to be recovered by the Member States concerned146. As of the 
end of December, the Commission had 53 recovery cases pending 147. 

By  31  December  2021,  the  sum  of  unlawful  and  incompatible  aid  recovered  from 
beneficiaries  amounted  to  EUR  29.4  billion148.  At  the  same  point  in  time,  the  outstanding 
amount pending recovery was EUR 7.6 billion.  

Recovery decisions adopted in 2021  

5 

Pending recovery cases on 31 December 2021 

53  

In 2021, the Commission decided to launch one court action under Article 108(2) TFEU for 
failure  to  implement  the  recovery  order  in  SA.34914149,  but  decided  to  repeal  its  decision 
following the confirmation by the United Kingdom that it had fully recovered the illegal State 
aid. 

3.5.3. Cooperation with national courts to ensure the effectiveness of State aid rules  

The  Commission  continued  its  cooperation  with  national  courts  under  Article  29  of  the 
Procedural Regulation150. This includes direct case-related assistance to national courts when 
they apply EU State aid law. National courts and tribunals can ask the Commission to provide 
case related information, or to  provide an opinion on the application of  State aid  rules. The 
Commission may also submit amicus curiae observations on its own initiative.  

While the Commission received no requests for information in 2021, it received two requests 
for  legal  opinions  from  courts  in  Latvia  and  Austria.  The  first  request  from  the  Supreme 
Administrative  Court  Senate  in  Riga  concerned  the  calculation  of  overcompensation  in  the 
financing of renewable energy plants.  

146 The Member States concerned are Denmark, Italy, Spain and Sweden. See also the information on recovery 
published  by 
the  Commission  at:  https://ec.europa.eu/competition-policy/state-aid/procedures/recovery-
unlawful-aid_en . 
147 This includes 10 pending recovery cases concerning the agricultural and fisheries sectors. 
148 The reference period is 1 January 1999 to 31 December 2021.  This amount includes also the amount of aid 
registered in pending insolvency proceedings. In addition, the amount of EUR 4.5 billion could not be recovered 
from concluded insolvency proceedings because of the lack of mass from the liquidation of assets which did not 
allow satisfying the State aid claims. 
149 SA.34914 - UK- Gibraltar Corporate Tax regime (ITA 2010). 
150 Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 
108 TFEU, OJ L 248 of 24.9.2015, p. 9. 

35 

 
                                                 
In 2021 the Commission continued to intervene in national proceedings as  amicus curiae151. 
To make its views publicly known, the Commission publishes its opinions and amicus curiae 
observations, as well as observations to other bodies, for example. arbitration tribunals, on its 
website152.  

In July 2021, the Commission adopted a new Notice on the Enforcement of State aid rules by 
national courts153 and it replaces the 2009 Enforcement Notice154, providing updated practical 
guidance on the enforcement of State aid rules at national level and on the cooperation tools 
under Article 29 of the Procedural Regulation.  

3.6. Significant judgements by the European Union Courts in the State aid area  

In  2021,  the  Union  Courts  adopted  a  number  of  important  State  aid  judgements.  The 
following overview is based on a selection of court judgements, in particular on issues related 
to the distinction between State aid schemes and individual aid, the notion of selectivity, the 
compatibility of State aid schemes adopted in response to the COVID-19 outbreak and several 
procedural points. 

Aid scheme and individual aid 

In its judgement Commission v. Belgium and Magnetrol International155, the CJEU provided 
clarifications  of  the  notion  of  an  aid  scheme.  In  particular,  the  Court  confirmed  that  the 
existence  of  an  aid  scheme  can  be  based  on  a  consistent  administrative  practice;  this  is 
possible  even  if  this  practice  coexists  with  legal  acts  that  are  systematically  misapplied  by 
Member States. This allows the Commission to go beyond the wording of the legal acts and 
determine the real scope of the aid scheme in question in order to ensure the effectiveness of 
State aid control. 

The notions of existing and new aid 

In  C-128/19  Azienda  Sanitaria  Provinciale  di  Catania156,  the  CJEU  clarified  the  notions  of 
existing and new aid. It confirmed that changes such as a prolongation and budget increase to 
an  authorised  aid  scheme  cannot  be  regarded  as  being  purely  formal  or  administrative  in 
nature.  On  the  contrary,  they  constitute  an  alteration  to  existing  aid  within  the  meaning  of 
Article 1(c) of Regulation No 659/1999. Such new aid  must be notified, unless it meets the 
conditions of the de minimis regulation or the block exemption regulation. 

Advantage 

151 The Commission submitted written observations under Article 29(2) of the Procedural Regulation before the 
Polish Supreme Court, in relation to a judgment of the Court of Appeal of Warsaw that set aside a commercial 
arbitration  award  on  the  grounds  that  the  arbitration  tribunal  had  failed  to  assess  on  its  own  motion  the 
application of State aid law. The Commission also intervened as amicus curiae before courts outside the EU and 
arbitration tribunals inside and outside the EU in State aid-related matters.  
152 https://ec.europa.eu/competition-policy/state-aid/national-courts_en. 
153 Commission Notice on the enforcement of State aid rules by national courts, OJ C 305, 30.7.2021, p. 1. 
154 Commission Notice on the enforcement of State aid law by national courts, OJ C 85, 9.4.2009, p. 1. 
155  Judgment  of  the  Court  of  Justice,  17.2.2021,  C-337/19  P,  Commission  v.  Belgium  and  Magnetrol 
International, EU:C:2021:741. 
156  Judgment  of  the  Court  of  Justice  of  20.5.2021,  C-128/19,  Azienda  Sanitaria  Provinciale  di  Catania 
v.Assessorato della Salute della Regione Siciliana, EU:C:2021:401. 

36 

 
                                                 
In C-890/19 P Fortischem a.s. v Commission157, the CJEU recalled that the application to an 
undertaking  of  rules  derogating  from  the  normal  insolvency  rules  gives  rise  to  State  aid  in 
certain circumstances. 

In  C-362/19  P  Fútbol  Club  Barcelona  v  Commission158,  the  CJEU  confirmed  that  the 
examination the Commission must carry out relates exclusively to the scheme in question (ex 
ante analysis) and not to the aid subsequently granted on the basis of it.  

In Joined Cases T-516/18 and T-525/18 Luxembourg and Engie v Commission159, the General 
Court held inter alia that the tax rulings were issued in derogation from the national rules on 
“abuse of law”, so they granted a “selective advantage” to Engie.  

In  Joined  Cases  T-816/17  and  T-318/18  Luxembourg  and  Amazon  v  Commission160,  the 
General Court annulled the Commission’s primary and alternative findings on an advantage in 
the  context  of  prices  for  an  IP  licence  paid  between  the  entities  of  the  group.  The  General 
Court  considered  in  particular  that  the  Commission  had  erred  in  its  functional  analysis  and 
finding that a group company was merely a passive holder of the intangible assets in question. 
The Commission did not take due account of the functions performed by that company for the 
purposes of exploiting the intangible assets in question or the risks borne by that company in 
that context. The case is under appeal by the Commission. 

As  regards  the  application  of  the  Market  Economy  Operator  Principle,  in  C-933/19  P 
Autostrada Wielkopolska S.A. v Commission161, the novelty was that the conduct of the State 
was  compared  with  that  of  a  “private  debtor”,  an  approach  relevant  to  situations  where  the 
State  owes  money  to  an  undertaking.  The  CJEU  explained  that  unlike  the  situations  where 
investors, operators, vendors or creditors seek to maximise respectively the return, fees, sale 
revenue or recovered assets, a private debtor seeks to minimise the money it has to pay. 

Economic continuity 

In C-890/19 P Fortischem a.s. v Commission162, the CJEU confirmed that the transfer price is 
only one of the factors to be taken into consideration. If it is not clear whether the transaction 
took place at market price, the Commission is not obliged to take a definitive position on that 
point. 

Selectivity 

In  a  series  of  judgements  delivered  on  6  October  2021163  on  the  selectivity  of  a  fiscal 

157  Judgment  of  the  Court  of  Justice  of  29.4.2021,  C-890/19  P,  Fortischem  a.s.  v  European  Commission, 
EU:C:2021:345. 
158  Judgment  of  the  Court  of  Justice  of  4.3.2021,  C-362/19  P  Fútbol  Club  Barcelona  v  Commission, 
EU:C:2021:169.  
159 Judgment of the General Court of 12.5.2021, Joined Cases T-516/18 and T-525/18 Luxembourg and Engie v 
Commission, EU:T:2021:251.  
160  Judgment of the General Court of 12.5.2021, Joined Cases T-816/17 and T-318/18 Luxembourg and Amazon 
v Commission, EU:T:2021:252.  
161  Judgment  of  the  Court  of  Justice  of  11.11.2021,  C-933/19  P  Autostrada  Wielkopolska  S.A.  v  Commission, 
EU:C:2021:905. 
162 Judgment of the Court of Justice of 29.4.2021, C-890/19 P Fortischem a.s. v Commission, EU:C:2021:345. 
163  Judgments  of  the  Court  of  Justice  (Grand  Chamber)  of  6.10.2021,  C-50/19  P,  Sigma  Alimentos  Exterior  v 
Commission,  EU:C:2021:792;  C-51/19  P,  World  Duty  Free  Group  v  Commission  and  C-64/19  P,  Spain  v 

37 

 
                                                 
 
measure,  the  CJEU  dismissed  the  appeals  against  earlier  judgements  of  the  General  Court, 
upholding  the  negative  decisions  of  the  Commission  adopted  in  2011  concerning  a  Spanish 
measure allowing the amortisation of financial goodwill for the acquisition of foreign shares. 
The judgments provide important perspectives for assessing the selectivity of fiscal measures, 
in  particular  for  determining  the  reference  framework,  which  is  necessary  for  the 
determination of selectivity of fiscal measures. 

On 16 March 2021, in Cases C-562/19 P Commission v Poland and C-596/19 P Commission v 
Hungary164, the CJEU upheld the judgements of the General Court from May and June 2019, 
which had annulled the Commission decisions of 2016 and 2017 in cases SA.44351 (Polish 
tax on retail sector with progressive rates) and SA.39235 (Hungarian advertisement tax with 
progressive  tax  rates)  on  the  grounds  that,  in  the  assessment  of  selectivity,  the  Commission 
incorrectly  identified  the  reference  tax  system.  The  Court  found  that,  outside  the  spheres  in 
which EU tax law has been harmonised, the determination of the characteristics constituting 
each  tax  falls  within  the  discretion  of  the  Member  States,  in  accordance  with  their  fiscal 
autonomy. This includes, in particular, the choice of tax rate, which may be proportional or 
progressive,  and  also  the  determination  of  the  basis  of  assessment  and  the  taxable  event. 
Those characteristics constituting the tax therefore, in  principle, define the reference system 
or the ‘normal’ tax regime, from which it is necessary to analyse selectivity. In addition, the 
Court noted that EU law does not preclude progressive taxation from being based on turnover 
as  it  constitutes,  in  general,  a  relevant  indicator  of  the  taxable  person’s  ability  to  pay. 
Accordingly,  the  characteristics  constituting  the  tax,  which  include  progressive  tax  rates, 
form,  in  principle,  the  reference  system  or  the  ‘normal’  tax  regime.  Further,  the  Court 
considered that the Gibraltar case-law (Commission and Spain v Government of Gibraltar and 
United  Kingdom  (C‑106/09  P  and  C‑107/09  P))  does  not  contradict  the  above  finding, 
because the Commission had not established that the progressivity of the rates was designed 
in a manifestly discriminatory manner, with the aim of circumventing the requirements of EU 
law on State aid. 

Legality of schemes adopted in response to the COVID-19 pandemic  

In  2021,  a  novel  type  of  litigation  related  to  various  types  of  aid  during  the  COVID-19 
pandemic  emerged.  The  most  frequent  issues  in  this  type  of  actions  -  initiated  mainly  by 
Ryanair  -  related  to  the  application  and  conditions  of  Article  107(2)(b)  TFEU  as  well  as 
Article 107(3)(b) TFEU. The General Court also rejected the claims about an infringement of 
the  principle  of  non-discrimination  and  the  freedom  to  provide  services.  Out  of  the  ten 
judgments rendered so far at first instance, the Commission decisions were annulled in three 
instances, all for the breach of  the duty to state reasons. 

In its judgement of 17 February 2021, Ryanair v Commission165, the General Court dismissed 
Ryanair’s action against the Commission’s decision not  to raise objections concerning State 
aid  by  Sweden  to  airlines  operating  in  Sweden.  As  regards  the  allegation  that  the  aid  was 

Commission,  EU:C:2021:793;  C-52/19  P,  Banco Santander  v  Commission,  EU:C:2021:794;  C-53/19  P,  Banco 
Santander  and  Santusa  v  Commission  and  C-65/19  P,  Spain  v  Commission,  EU:C:2021:795;  C-54/19  P,  Axa 
Mediterranean  v  Commission,  EU:C:2021:796;  C-55/19  P,  Prosegur  Compañía  de  Seguridad  v  Commission, 
EU:C:2021:797. 
164  Judgments  of  the  Court  of  Justice  (Grand  Chamber)  of  16.3.2021,  C-562/19  P  Commission  v  Poland, 
EU:C:2021:201 and C-596/19 P Commission v Hungary, EU:C:2021:202. 
165 Judgment of  the  General Court of 17.2.2021, T-238/20, Ryanair v Commission, EU:T:2021:91, Case under 
Appeal before the Court of Justice C-209/21 P. 

38 

 
                                                                                                                                                         
discriminatory, the General Court noted that the aid scheme fulfilled the conditions laid down 
in Article 107(3)(b) TFEU. The General Court also considered that limiting eligibility for the 
aid  only  to  those  airlines  holding  a  Swedish  operating  licence,  in  view  of  the  stable  and 
reciprocal  links  between  them  and  the  Swedish  economy,  was  appropriate  to  achieve  the 
objective of remedying the serious disturbance in the Swedish economy.  

In  another  judgement  of  17  February  2021,  Ryanair  v  Commission166,  the  General  Court 
dismissed  Ryanair’s  action  against  the  Commission’s  decision  not  to  raise  objections 
concerning aid by France to airlines operating in France (moratorium on the collection of civil 
aviation tax and the solidarity tax ordinarily imposed by the French State). The General Court 
confirmed  that  the  COVID-19  pandemic  as  well  as  the  restrictions  and  lockdown  measures 
adopted by France to deal with its consequences, constituted an exceptional occurrence within 
the  meaning  of  Article  107(2)(b)  TFEU,  which  caused  economic  damage  to  the  airlines 
operating  in  France.  The  General  Court  considered  that  the  purpose  of  the  deferral  of  the 
payment of the taxes had the objective to repair the damage in question.  

Procedural issues 

In its judgement of 22 September 2021, DEI v Commission167, the General Court annulled the 
decisions by which the Commission came to the conclusion that an arbitration award setting 
an  allegedly  preferential  tariff  for  electricity  did  not  involve  an  advantage  to  an  aluminium 
producer.  In  this  judgement,  the  General  Court  clarified  the  concept  of  complainant  as  an 
‘interested party’ with standing to bring an action against a decision. In addition, the General 
Court  considered  that  the  Commission  should  have  made  a  diligent,  sufficient  and 
comprehensive  assessment,  by  carrying  out  economic  and  technical  analysis,  to  determine 
whether the electricity tariff complied with the market conditions. 

In  its  judgement  of  2  September  2021,  Commission  v  Tempus  energy  and  Tempus  Energy 
Technology168, the CJEU set aside the earlier judgment of the General Court and upheld the 
Commission’s  decision  on  the  UK  capacity  market  (security  of  supply  mechanism  in  the 
United  Kingdom  in  the  field  of  electricity).  The  judgement  confirmed  that  the  Commission 
correctly  applied  Article  108  TFEU  when  it  decided  not  to  raise  objections  against  the  aid 
without  a  formal  investigation.  In  particular,  the  CJEU  clarified  that  the  length  of  contacts 
between  the  Commission  and  the  Member  States,  the  complexity  of  a  measure,  the  high 
budget of a measure or the existence of spontaneous observations from third parties did not in 
themselves entail that the Commission had serious difficulties to determine that the aid was 
compatible.  The  CJEU  also  confirmed  that  the  Commission  is  not  obliged  to  seek  all 
information which might be connected with the case before it, even where such information is 
in the public domain. 

In  C-933/19  P  Autostrada  Wielkopolska  S.A.  v  Commission169,  the  CJEU  recalled  that 

166 Judgment of the General Court of 17.2.2021,  T-259/20, Ryanair v Commission, EU:T:2021:92, Case under 
Appeal before the Court of Justice C-210/21 P. 
167 Judgment of the General Court of  22.9.2021, joined cases T-639/14 RENV, T-352/15 and T-740/17, DEI v 
Commission, EU:T:2021:604. 
168 Judgment of the Court of Justice of 2.9.2021, C-57/19 P, Commission v Tempus energy and Tempus Energy 
Technology, EU:C:2021:663. 
169  Judgment  of  the  General  Court  of  11.11.2021,  C-933/19  P  Autostrada  Wielkopolska  S.A.  v  Commission, 
EU:C:2021:905, Case under Appeal before the General Court T-778/17. 

39 

 
                                                 
interested  parties  cannot  themselves  seek  to  engage  in  an  adversarial  debate  with  the 
Commission  in  the  same  way  as  a  Member  State.  Although  during  the  administrative 
procedure  new  guidelines  entered  into  force,  the  CJEU  concluded  that  the  facts  of  the  case 
had not changed so as to merit a second round of contacts between the Commission and the 
beneficiary.  The  Commission  was  not  obliged  to  grant  interested  parties  the  opportunity  to 
comment on the observations of the Member State. 

40 

 
 
 
4. 

DEVELOPING THE INTERNATIONAL DIMENSION OF EU COMPETITION POLICY 

1.5. Multilateral relations 

In 2021, the Commission continued its active engagement in international competition-related 
fora  such  as  the  OECD  Competition  Committee,  the  International  Competition  Network 
(ICN), and United Nations Conference on Trade and Development (UNCTAD). 

At the OECD Competition Committee meeting in June 2021, the Commission contributed to 
the  discussions  on  competition  enforcement  and  regulatory  alternatives170,  competition 
compliance  programmes171,  the  concept  of  potential  competition172  and  methodologies  to 
measure  market  competition173.  In  December  2021,  the  Commission  contributed  to  the 
Competition  Committee’s  deliberations  on  the  environmental  considerations  in  competition 
enforcement174 and the promotion of competitive neutrality by competition authorities175. 

As co-chair role of the  ICN Unilateral Conduct  Working Group, the Commission continued 
the  multi-annual  project  on  the  “assessment  of  dominance  and  market  power  in  digital 
markets”.  The  Commission  contributed  to  various  work  products  of  the  Cartel  Working 
Group,  in  particular  “Guidance  on  Enhancing  Cross-border  Leniency  Cooperation”,  “Crisis 
Cartels and Horizontal Cooperation in the time of COVID-19”, and the “Big Data and Cartels 
Project”.  

In  July  2021,  the  Commission  participated  in  the  19th  meeting  of  the  UNCTAD 
Intergovernmental  Group  of  Experts  on  Competition  Law  and  Policy.  The  session  on 
Competition  Law,  Policy  and  Regulation  in  the  Digital  Era  focused  on  the  challenges  that 
competition  authorities  face  in  digital  markets176.  In  November  2021,  the  Commission 
participated  in  the  Ad  Hoc  Working  Group  on  Cross  Border  Cartels.  The  Commission 
emphasized the trusted principles developed within the ECN with regard to cooperation and 
prosecution of cartels. Moreover, in December 2021, the Commission also participated to the 
UNCTAD  Global  Policy  Dialogue  focusing  on  small  and  medium  sized  enterprises  and 
Competition Policy in the wake of the post COVID-19 pandemic. 

Finally, the Commission continued its endeavours to improve international rules for subsidies. 
Reforming the subsidy rules is one of the EU’s main priorities for the modernisation of WTO 
trade rules, as confirmed in the joint statement of the EU, US and Japan177. To this effect, in 
2021  the  Commission  was  engaged  in  sectoral  initiatives  addressing  subsidies  in  the 
international context, such as the G20 Global Forum on steel excess capacity. 

170 See: https://www.oecd.org/daf/competition/competition-enforcement-and-regulatory-alternatives.htm. 
171 See: https://www.oecd.org/daf/competition/competition-compliance-programmes.htm. 
172 See: https://www.oecd.org/daf/competition/the-concept-of-potential-competition.htm. 
173 See: https://www.oecd.org/daf/competition/methodologies-to-measure-market-competition.htm. 
174 See: https://www.oecd.org/daf/competition/environmental-considerations-in-competition-enforcement.htm. 
175 See:https://www.oecd.org/daf/competition/the-promotion-of-competitive-neutrality-by-competition-
authorities.htm. 
176 See: https://unctad.org/meeting/intergovernmental-group-experts-competition-law-and-policy-nineteenth-
session. 
177 See: https://trade.ec.europa.eu/doclib/press/index.cfm?id=2330. 

41 

 
                                                 
1.6. Bilateral relations  

In December 2021, the Commission and the US competition authorities launched the EU-US 
Joint  Technology  Competition  Policy  Dialogue  to  develop  common  approaches  and 
strengthen the cooperation on competition policy and enforcement in the tech sectors178. 

With  regard  to  the  Korean  and  Japanese  Fair  Trade  Commissions  there  was  close  bilateral 
cooperation  under  the  respective  cooperation  agreements179.  DG  Competition's  multilateral 
technical  cooperation  with  the  Chinese,  Japanese,  Korean,  Indian  and  ASEAN  competition 
authorities continued180. The Commission continued its cooperation in competition policy and 
in  case  review  with  China's  State  Administration  for  Market  Regulation  (SAMR)  under  the 
2019 cooperation documents. The Commission aims to include provisions on competition and 
State aid control when negotiating Free Trade Agreements (FTAs). In 2021, the Commission 
continued  FTA  negotiations  with  Australia,  Azerbaijan,  Chile,  Indonesia,  New  Zealand  and 
Uzbekistan. 

As regards the draft Second Generation Cooperation Agreement between the EU and Canada, 
the Commission is in regular contact with the Canadian Competition Bureau to find a solution 
on  data  protection  in  Canada  lining  up  to  the  standards  established  by  the  Opinion  of  the 
Court of Justice on the  2014 EU Canada Passenger Name Record  Agreement181. Moreover, 
the  Commission  continued  the  negotiations  with  Japan  on  a  Second  Generation  Agreement 
with a view to updating the existing cooperation agreement from 2003182. 

With  regard  the  candidate  and  potential  candidate  countries,  the  Commission's  main  policy 
objective  is  to  help  these  countries  to  create  legislative  frameworks  with  well-functioning 
operationally independent competition authorities that build up a solid enforcement record. In 
2021,  the  Commission  continued  to  monitor  candidate  countries’  compliance  with  their 
the 
commitments  under  the  Stabilisation  and  Association  agreements.  In  addition, 
Commission  continued  monitoring  the  implementation  of  the  competition  acquis  in 
neighbouring countries, with which the EU has concluded deep and comprehensive free trade 
agreements.  

The Commission has also been actively engaging with several African national and regional 
authorities to develop cooperation in the competition field.  In 2021, the Commission hosted 
joint  workshops  with  the  South  African  Competition  Commission  on  digital  aspects  of 
competition law and inter-agency cooperation. In 2022, the Commission will organise Africa-
EU  Competition  Weeks  for  the  first  time  to  foster  dialogue  with  African  competition 
authorities at the national and regional level. 

178 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_6671. 
179 See: https://ec.europa.eu/competition-policy/international/bilateral-relations/korea_en; 
https://ec.europa.eu/competition-policy/international/bilateral-relations/japan_en. 
180 See; https://asia.competitioncooperation.eu/. 
181 Opinion of the Court of Justice (Grand Chamber) of 26.7.2017, Opinion 1/15, Draft agreement between 
Canada and the EU — Transfer of Passenger Name Record data from the EU to Canada, EU:C:2016:656.  
182 See: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:22003A0722(01). 

42 

 
 
 
                                                 
5. SUPPORTING EU COMPETITION LAW ENFORCEMENT 

5.1. Digital transformation 

The Commission recognises digital transformation as a major political priority for its current 
mandate (Europe Fit for the Digital Age), not only for driving change in markets but also for 
enabling  public  sector  modernisation.  The  implementation  of  DG  Competition’s  Digital 
Strategy to further digitise business processes, modernise digital solutions and to transform it 
into a more data-driven organisation to support EU competition policy enforcement continued 
throughout  2021  in  alignment  with  the  Commission’s  Digital  Strategy183.  In  addition,  DG 
Competition  updated  and  continued  to  implement  its  IT  security  action  plan  to  further 
improve cybersecurity of its information systems, their security plans and staff’s cyber skills 
and awareness, this in collaboration with DG DIGIT. 

5.1.1 Case management modernisation 

In 2021, a new corporate case management platform - CASE@EC – has been rolled out for 
State  aid  case  management  as  well  as  document  registration  and  document  management 
processes  for  all  competition  enforcement  instruments.  Work  continued  to  prepare  the 
implementation  of  CASE@EC  for  other  areas,  in  particular  case  management  in  antitrust, 
cartel and merger cases. 

5.1.2.  Improving  digital  exchanges  with  Member  States’  administrations,  companies  and 
citizens  

During 2021, DG Competition continued improving its range of existing digital solutions to 
enhance  and  fully  digitise  communication  and  collaboration  processes  with  its  external 
stakeholders,  in  particular  Member  State  administrations,  National  Competition  Authorities, 
citizens  and  businesses  as  well  as  attorneys  and  law  firms.  This  included  for  example  a 
revamped tool for Member States to  report  State aid  (SARI2) and  a  new solution  digitizing 
the negotiation on confidentiality claims with parties and producing non-confidential versions 
of documents in the context of Access to File and preparation of decisions (eConfidentiality). 

DG  Competition  also  launched  a  pilot  for  a  new  digital  solution  supporting  requests  for 
information in the context of market investigations (eRFI), and started a project to revamp the 
publication  of  competition  cases’  data  on  the  EUROPA  website184  to  help  citizens  and 
external stakeholders to better access, search and export public data on competition. 

5.1.3. Advanced data support and digital solutions for competition investigations 

As  DG  Competition  continues  facing  an  exponential  increase  in  the  volume  of  electronic 
communications  with  parties  as  well  as  in  electronic  evidence,  projects  have  started  to 
improve  the  handling  of  large  volumes  of  case  related  submissions  as  well  as  on  premise 
access  to  files  by  parties  concerned,  developments  for  advanced  data  and  machine  learning 
services and solutions to support investigations. 

183 Communication from the  Commission of 21.11.2018, European Commission Digital Strategy  –  A digitally 
transformed, user-focused and data-driven Commission, C(2018) 7118 final. 
184 See https://ec.europa.eu/competition/elojade/isef/index.cfm?clear=1&policy_area_id=3. 

43 

 
 
                                                 
Moreover, DG Competition keeps investing into state-of–the-art, non-standard hardware and 
software solutions operated by specialised staff in the context of investigative and forensic IT 
activities, performed to better detect and effectively prosecute anticompetitive conduct. 

5.2. Single Market Programme 

Adapting to an increasingly digital and fast-paced environment is a constant challenge for the 
enforcement  of  EU  competition  policy.  New  sophisticated  digital  tools  and  algorithms  used 
by economic operators, combined with an exponential increase in electronic communications, 
the sheer quantity of data and the number of documents on case files render many competition 
investigations 
identified  digital 
transformation as a key priority for 2021 and concentrated efforts to put in place innovative 
and modernised digital solutions to make competition enforcement more effective by working 
on the implementation of its Digital Solutions Modernisation Plan.  

increasingly  complex.  DG  Competition 

therefore 

The Multiannual  Financial Framework 2021-2027  also  responds  to these new challenges by 
including for the first time a dedicated Competition programme as part of the Single Market 
Programme185  with  a  budget  dedicated  to  actions  in  support  of  competition  policy  and 
enforcement.  With  a  budget  of  EUR  20.4  million  for  2021,  the  Competition  programme 
channels  investment  into  areas  that  support  effective  and  up-to-date  enforcement  of  EU 
competition  policy  as  well  as  policy  actions,  cooperation  and  partnerships  with  public 
administrations in the EU, global cooperation and partnerships with third country authorities, 
and helps raising stakeholder awareness of EU competition policy.  

Programme  implementation  however  encountered  some  delays  in  2021  due  to  the  late 
adoption  of  the  Single  Market  Programme  and  the  necessary  Implementing  Commission 
Decision186, which meant that calls for tenders or other procurement measures could only be 
launched as of May 2021. The COVID-19 pandemic further prevented a number of planned 
actions to take place in the originally envisaged formats, and activities together with Member 
States,  at  international  level  or  advocacy  events  continued  in  mostly  remote  and  virtual 
formats throughout 2021.  

Despite these constraints, DG Competition has been actively pursuing a comprehensive plan 
to implement the Competition programme. It has, in particular, invested in the development of 
digital  business  solutions  dedicated  to  modernise  case  management  and  interactions  with 
external  stakeholders  and  to  increase  the  speed  and  efficiency  of  competition  enforcement 
through data and artificial intelligence solutions. Furthermore, the Commission has launched 
a call for proposals targeting national law enforcement agencies in EU Member States, with a 
view  to  offer  training  for  national  law  enforcement  agencies  specializing  in  economic  and 
financial  investigations  and  to  raise  their  awareness  of  competition  and  development  of 
investigative cooperation. 

185  Regulation  (EU)  2021/690  of  the  European  Parliament  and  of  the  Council  of  28 April  2021  establishing  a 
programme  for  the  internal  market,  competitiveness  of  enterprises,  including  small  and  medium-sized 
enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and 
repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014. OJ L 
153, 3.5.2021, p. 1–47. 
186 Commission Implementing Decision of 6 May 2021 on the financing of the Programme for Single Market, 
competitiveness  of  enterprises,  including  small  and  medium  sized  enterprises,  and  European  Statistics  and  the 
adoption  of  the  work  programme  for  2021-2024,  See:  https://ec.europa.eu/info/publications/210506-financing-
single-market-programme-decision_en. 

44 

 
                                                 
5.3. External Communication and Advocacy 

DG Competition  reaches out to  a variety of stakeholders, including businesses, lawyers and 
other advisers, policy makers, academics, students and civil society more generally. Various 
channels  are  being  used  for  this  purpose,  first  and  foremost  Executive  Vice-President 
Vestager’s own press conferences and speeches, complemented by press releases, newsletters, 
conferences, specialised publications and an active social media presence.  

In 2021, Executive Vice-President Vestager delivered 43 speeches to a variety of audiences. 
The Director-General also participated in more than 40 international events. DG Competition 
posted  some  900  tweets  from  its  account  and  reached  close  to  14  000  subscribers  with  its 
electronic  newsletter;  its  publications  in  the  EU  Bookshop  were  viewed,  downloaded  or 
ordered as paper copies some 6 000 times. 

DG Competition issued more than 1 000 press releases during 2021. Some of the cases and 
policy  initiatives  generated  broad  media  coverage,  for  example  the  Statement  of  Objections 
sent  to  Apple  on  App  Store  rules  for  music  streaming  providers,  the  decision  to  fine  car 
manufacturers for restricting competition in emission cleaning for new diesel passenger cars 
and the proposal for a new regulation to address distortions caused by foreign subsidies in the 
Single Market. 

45 

 
 
II. SECTORAL OVERVIEW 

1. ENERGY & ENVIRONMENT 

1.1 Overview of key challenges in the sector 

Competition  policy  contributes  to  the  EU’s  environmental  objectives  and  climate  targets, 
including  the  decarbonisation  of  the  economy.  To  this  end,  the  Commission  has  authorised 
State aid measures promoting the deployment of renewables, improving energy efficiency and 
stimulating  demand  for  low  emission  vehicles  for  public  and  private  transport,  thereby 
contributing  to  the  reduction  of  greenhouse  gas  (GHG)  emissions.  Competition  policy  also 
ensures that consumers have access to clean, affordable and sustainable energy and supports 
innovation.  

Following  the  adoption of the  Communication on the  European Green  Deal187  in  December 
2019, which presented a roadmap of the key policies and measures needed to reach net-zero 
GHG emissions in the EU by 2050 and to tackle other environment-related challenges, the EU 
co-legislators in 2021 adopted the European Climate law188 in order to ensure that the EU’s 
climate neutrality goals will be met.  

On  4  February  2021,  the  “Greening  Competition  Conference”  took  place  to  debate  how 
competition  rules  and sustainability policies can  work together.  As follow-up, in  September 
2021,  DG  Competition  published  a  Competition  Policy  Brief  on  the  competition  policy 
initiatives to achieve the Green Deal objectives189. 

In the field of State aid, on 21 December 2021, the College of Commissioners endorsed the 
CEEAG190,  replacing  the  2014  EEAG  (whose  validity  had  been  extended  until  the  end  of 
2021).  The  CEEAG  were  formally  adopted  on  27  January  2022,  entering  into  force  on  that 
date.  

The CEEAG broaden the categories of investments and technologies that Member States can 
support and allow or expand aid for the prevention or reduction of pollution other than in the 
form of GHG, including noise pollution, aid for resource efficiency and circular economy, aid 
for  biodiversity  and  for  the  remediation  of  environmental  damage.  They  feature  specific 
sections  for  aid  incentivising  investments  in  areas  such  as  the  decarbonisation  of  industrial 
processes,  energy  performance  of  buildings,  and  clean  mobility,  and  ensure  coherence  with 
relevant EU law and policy, in particular, ending subsidies for the most polluting fossil fuels. 
They  allow  aid  for  up  to  100%  of  the  funding  gap,  especially  where  there  is  competitive 
bidding. This makes it unlikely that aid will be allowed for the most polluting fossil fuels; aid 
to gas will be allowed only if it is compatible with EU climate targets for 2030 and 2050. The 
CEEAG also contain a new section on aid for the closure of coal, peat and oil shale plants to 
facilitate  decarbonisation  in  the  power  sector.  They  introduce  safeguards  to  ensure  aid  is 

187  Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  The  European  Green  Deal, 
COM(2019) 640 final.  
188 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the 
framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 
(‘European Climate Law’), OJ L 243, 9.7.2021, p. 1–17. 
189  https://ec.europa.eu/competition-policy/index/news/competition-policy-brief-12021-policy-support-europes-
green-ambition-2021-09-10_en.  
190 https://ec.europa.eu/competition-policy/system/files/2021-
12/CEEAG_Guidelines_with_annexes_I_and_II_0.pdf. 

46 

 
                                                 
directed effectively to where it is needed, requiring Member States to consult the public and 
stakeholders on the main elements of large aid measures. Finally, they increase flexibility by, 
for  instance,  eliminating  the  requirement  for  individual  notifications  of  large  green  projects 
within aid schemes previously approved by the Commission. Furthermore, the corresponding 
GBER  articles  will  be  revised  as  part  of  the  targeted  review  of  the  GBER191.  This  revision 
proposes to enlarge the scope of the GBER by expanding the set of measures exempted from 
ex-ante  notification  and  to  increase  the  notification  thresholds  for  climate,  energy  and 
environmental protection measures, whenever objectively justified.  

1.2 Effective competition in the green economy 

In 2021, competition enforcement continued to contribute to the EU environmental objectives 
through the application of the State aid, antitrust and merger rules.  

1.2.1. Zero- and low-emission mobility  

Zero- and low-emission mobility has been one of the Commission’s focal points. The large-
scale  deployment  of  electric  charging  and  hydrogen-refuelling  stations  under  a  competitive 
market  is  important  to  ensure  the  take-up  of  electric  and  hydrogen  powered  vehicles  and 
encourage the shift away from fossil fuels.  

In 2021, the Commission approved several schemes for the deployment of electric charging 
stations and other alternative refuelling infrastructure as well as for the acquisition of zero- or 
low-emission vehicles (in particular electric or hydrogen buses for public transport)192. It also 
advised Member States on several other schemes to either bring them under the GBER or to 
ensure that they did not entail State aid in line with published relevant guidance193. 

In July 2021 the Commission amended the GBER by introducing a new block exemption for 
aid for publicly accessible recharging or refuelling infrastructure for the supply of electricity 
and  hydrogen  to  zero  and  low  emission  road  vehicles  for  transport  purposes.  This  will 
facilitate  aid  for  comprehensive  networks  of  such  infrastructures  in  the  Member  States  far 
beyond what was possible under the GBER rules in place before the amendment194.  

In July 2021195, the Commission adopted a decision against five car manufacturers - Daimler, 
BMW,  Volkswagen,  Audi  and  Porsche,  imposing  fines  totalling  of  EUR  875  million  for 
restricting technical development in the area of emission cleaning technology for diesel cars. 
Daimler  was  not  fined  because  it  revealed  the  existence  of  the  cartel.  All  companies 
acknowledge  their  involvement  in  the  cartel  and  agreed  to  settle  the  case.  The  car 
manufactures  held  regular  technical  meetings  to  discuss  the  development  of  the  selective 

191 See: https://ec.europa.eu/competition-policy/public-consultations/2021-gber_en. 
192 See for example Cases SA.61890 – Germany - RRF - Support scheme for the acquisition of alternative  fuel 
buses  for  passenger  transport;  SA.62618  -  Portugal  -  Zero  Emission  Buses  and  respective  supporting 
infrastructure;  SA.60775  –  Germany  -  Publicly  accessible  charging  infrastructure  for  electric  vehicles; 
SA.59352 – Germany - Federal aid scheme for the acquisition of light and heavy commercial vehicles ancillary 
EV  charging  facilities;  SA.63458  -  Germany  –  Aid  for  ancillary  hydrogen  refuelling  facilities;  SA.63718  – 
Poland - Development of a recharging infrastructure for electric vehicles and hydrogen refuelling stations and 
SA.64653 - Portugal – RRF - Zero Emission Buses and respective supporting infrastructure. 
193 See https://ec.europa.eu/competition-policy/system/files/2021-
12/template_RRF_electric_and_hydrogen_charging_stations.pdf; https://ec.europa.eu/competition-
policy/system/files/2021-12/template_RRF_premiums_acquisition_low_emission_vehicles.pdf. 
194 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3804. 
195 Case AT. 40178 - Car Emissions, see: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3581. 

47 

 
                                                 
catalytic  reduction  (SCR)-technology  which  eliminates  harmful  nitrogen  oxide  (NOx)-
emissions  from  diesel  passenger  cars  through  the  injection  of  urea  (also  called  “AdBlue”). 
During these meetings, and for over five years, the car manufacturers coordinated the size and 
ranges  of  the  AdBlue  tank  and  had  a  common  understanding  on  the  average  AdBlue 
consumption. Through their collusive practices, they signalled to each other that they would 
not  aim  to  clean  better  than  required  by  law.  It  is  the  first  time  that  the  Commission  has 
sanctioned a cartel that only concerns collusion to limit technical development. 

1.2.2. Energy efficiency in buildings 

The  GBER  amendment  of  July  2021  simplifies  the  rules  for  State  aid  for  energy  efficiency 
measures  in  certain  categories  of  buildings.  This  includes  residential  buildings  and  a  new 
possibility  of  combining  aid  for  energy  efficiency  measures  with  aid  for  on-site  renewable 
energy  installations,  storage  facilities  for  the  renewable  energy  produced,  equipment  and 
infrastructures for the recharging of electric vehicles and investments in the  digitalisation of 
the building, as  well as a new possibility allowing for the aid  measures to  also  relate to  the 
facilitation of energy performance contracts196.  

1.2.3. Energy and environmental aid and the Recovery and Resilience Facility  

In 2020, the Commission published guiding templates to assist Member States in the design 
of  their  national  Recovery  and  Resilience  Plans  (RRPs)  in  line  with  EU  State  aid  rules, 
including  for  a  series  of  support  measures  for  environmental  protection  in  line  with  the 
“European flagships” of the Commission’s Annual Sustainable Growth Strategy 2021197. So 
far, the Commission has endorsed 22 RRPs198. Furthermore, Member States shall notify to the 
Commission any plans to grant aid, pursuant to Article 108 TFEU. In 2021, the Commission 
adopted  four  no  objection  decisions  concerning  renewables  and  energy  storage  under  the 
RRPs199, with further decisions expected in the future. 

1.2.4. Renewables and cogeneration 

In  2021,  the  Commission  adopted  20  no  objection  decisions  concerning  renewables  and 
combined  heat  and  power  support  schemes200,  which  concerned  a  number  of  different 
renewable  technologies  (for  example  geothermal,  photovoltaic,  onshore  and  offshore  wind, 
biomass),  including  support  for  local  communities  and  the  use  of  decarbonisation 
technologies (such as hydrogen).  

On 29 April 2021, the Commission approved the prolongation and modification of a German 
scheme to support the production of electricity from renewable energy sources and from mine 
gas, as well as reductions of charges to fund support for electricity from renewable sources. 

196 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3804. 
197 See https://ec.europa.eu/competition-policy/state-aid/coronavirus/rrf-guiding-templates_en.  
198 https://ec.europa.eu/info/business-economy-euro/recovery-coronavirus/recovery-and-resilience-
facility_en#the-recovery-and-resilience-facility.  
199 Cases SA.57089 – Croatia – RRF - Renewable energy sources scheme in Croatia; SA.57473 - Greece – RRF 
- Pumped Hydro plant – Amfilochia – Greece; SA.58731 – Austria - RRF - Operating aid to electricity from RES 
in Austria; SA.63178 - Lithuania – RRF - Aid to Electricity Storage investment Project.  
200  Cases  SA.60596  -  Malta,  SA.54318  -  Slovakia,  SA.53308  -  Germany,  SA.57858  -  Denmark,  SA.57610  - 
Germany,  SA.62025  -  France,  SA.57779  -  Germany,  SA.55940  -  Poland,  SA.56826  -  Germany,  SA.50272  - 
France, SA.61902 - France, SA.60115 - France, SA.62218 - France, SA.64713 - Poland, SA.64376 - Germany, 
SA.63414 - Germany, SA.57089 - Croatia, SA.60064 - Greece, SA.58482 – Greece and SA.56831 - Denmark. 

48 

 
                                                 
The  reduction  of  charges  will  be  available  to  energy-intensive  companies  and  shore-side 
electricity supply to ships while at berth in ports201.  

In addition, on 20 December 2021, the Commission approved the Austrian State aid scheme 
to  support  electricity  production  from  renewable  sources  (wind,  solar,  hydro,  biomass  and 
biogas) until the end of 2030202.  

Antitrust  enforcement  also  contributes  to  the  objective  of  a  low-carbon  economy  and  the 
European  Green  Deal.  In  2021,  the  Commission  continued  its  investigation  of  ethanol 
producers suspected of having colluded with the aim of influencing the ethanol benchmarks 
published  by  the  price-reporting  agency  Platts,  harming  competition  and  undermining  the 
European  Green  Deal  and  EU  energy  objectives.  On  10  December  2021,  the  Commission 
adopted a settlement decision with a fine of EUR 20 million against Abengoa (Spain) in this 
case203. The investigation is still ongoing for the other companies concerned.  

On  10  September  2021,  the  Commission  concluded  the  long-running  Greek  lignite  antitrust 
case  by  making  legally  binding  the  measures  proposed  by  Greece  to  remove  the  distortion 
created  by  its  granting  of  exclusive  access  to  lignite-fired  generation  to  the  state-owned 
incumbent Public Power Corporation (PPC)204. Specifically, Greece committed to ensure that 
PPC sells a portion of its wholesale electricity (generated from hydropower, gas, renewables, 
or  lignite)  through  the  two  power  exchanges  present  in  Greece,  EEX  or  HEnEx,  several 
months ahead of actual delivery. This allows PPC’s rivals to have stable access to generation 
volumes necessary to hedge their prices against volatility, and therefore to more easily make 
offers to final consumers. The measures, which will lapse when the existing highly-polluting 
lignite plants stop commercial operations under Greece’s National Energy and Climate Plan 
(or at the latest by the end of 2024), are also fully in line with the European Green Deal and 
the EU's climate objectives.  

1.2.5. Coal exit  

Phasing out coal-fired power plants also contributes in a crucial way to the transformation to a 
climate-neutral  economy,  in  line  with  the  European  Green  Deal  objectives.  In  2021,  the 
Commission continued examining measures taken by Member States to support the phase-out 
from coal-fired power generation. In particular, in March 2021 the Commission opened an in-
depth investigation to assess whether German plans to compensate lignite-fired power plants 
for phasing out earlier than foreseen are in line with EU State aid rules205.  

201  https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2042;  the  scheme  is  part  of  the  German 
Renewable Energy Act (“Erneuerbare-Energien-Gesetz” - ‘EEG 2021’). The scheme will help Germany reach its 
renewable energy targets (65% of electricity produced from renewable energy sources by 2030) without unduly 
distorting competition. Payments under the scheme for 2021 have been estimated to amount to around EUR 33.1 
billion. 
202  See:  https://ec.europa.eu/commission/presscorner/detail/en/IP_21_7023;  the  scheme  will  help  Austria  reach 
its target of 100% renewable energy in 2030, in line with its RRP, and will contribute to the European objective 
of achieving climate neutrality by 2050, without unduly distorting competition. 
203 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6769. 
204 CaseAT.38700-Greek lignite and electricity markets;  
See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4661. 
205 Case SA.53625 - Germany – Lignite phase-out. 

49 

 
                                                 
Furthermore, the CEEAG introduce new compatibility rules for measures that Member States 
may take to support the closure of power plants that burn coal, peat or oil shale and of mining 
operations for these fuels206.  

1.3 Secure Energy Supply 

In 2021, the Commission continued its enforcement activity with respect to measures aimed at 
the security of energy supply, including capacity mechanisms.  

In August 2021, following a formal investigation procedure, the Commission concluded that 
the  Belgian  capacity  mechanism  complied  with  the  EEAG  and  with  the  Electricity 
Regulation207.  In  particular,  the  Commission  found  that,  in  contrast  with  its  preliminary 
findings  in  its  decision  opening  a  formal  investigation,  Belgium  had  improved  its  resource 
adequacy  assessment  and  brought  it  in  line  with  the  EU-wide  methodology  for  resource 
adequacy assessment approved by the European Union Agency for the Cooperation of Energy 
Regulators (ACER) in October 2020208.  

In  addition,  in  2021,  the  Commission  approved,  under  EU  State  aid  rules,  a  EUR  166.7 
million Greek support measure (direct grant in favour of Gastrade SA) for the construction of 
a  new  liquefied  natural  gas  (LNG)  terminal  in  Alexandroupolis,  Greece.  The  project  will 
contribute  to  the  security  and  diversification  of  energy  supplies  in  Greece  and,  more 
generally, in the region of South East Europe, without unduly distorting competition209. 

1.4 Effective competition in energy markets  

The objective of competition law enforcement in the energy sector is to  complement sector-
specific regulation to create a well-functioning internal market for energy, where energy can 
be exchanged freely and securely across the EU, and where all related services are provided in 
a  competitive  manner,  thus  allowing  businesses  and  consumers  to  benefit  from  reliable  and 
sustainable energy at affordable prices. 

In March 2021, the Commission initiated proceedings against the Greek electricity incumbent 
PPC  for  potential  predatory  behaviour  in  the  wholesale  electricity  market  in  the  Greek 
interconnected  system  (mostly  mainland  Greece)210.  The  investigation  focuses  on  PPC’s 
alleged strategic bidding behaviour that may have resulted in its thermal units being selected 
for generation even when they did not cover their average variable costs. PPC’s exclusionary 
behaviour  allegedly  prevented  its  main  generation  rivals  from  expanding  in  the  wholesale 
market and resulted in Greek consumers facing higher prices, less choice, and more pollution 
from less green sources of electricity generation. 

Electricity trading plays an important and growing role in the effective and safe management 
of  electricity  grids  and  helps  to  ensure  that  electricity  flows  from  where  it  is  produced  to 

206 See Section 4.12.1 of the CEEAG, which concerns aid granted by Member States to compensate for the early 
closure  of profitable activities, while Section 4.12.2 of the CEEAG concerns aid granted by Member States to 
cover exceptional social and environmental costs arising from the closure of uncompetitive activities. 
207 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5.6.2019 on the internal market 
for electricity OJ L 158, 14.6.2019, p. 54-124. 
208 Case SA.54915 – Belgium - Market wide capacity mechanism in Belgium. 
209 Case SA.55526 – Greece - LNG Terminal Alexandroupolis in Greece.  
210  Case  AT.40278  -  Greek  wholesale  electricity  market.  This  investigation  is  unrelated  to  case  AT.38700 
concerning the privileged access rights to lignite granted by the Greek state to publicly-owned PPC (see above 
under 1.2.4). 

50 

 
                                                 
where  it  is  needed.  Following  a  complaint,  the  Commission  decided  to  open  a  formal 
investigation  on  30  March  2021  to  assess  whether  the  power  exchange  EPEX  Spot  SE  has 
been taking advantage of its dominant position to hinder the activities of competitors on the 
market  for  electricity  intraday  trading  facilitation  services  in  at  least  six  Member  States 
(Austria, Belgium, France, Germany, Luxembourg and the Netherlands)211. This behaviour, if 
proven, may be contrary to Article 102 TFEU as it may distort the prices of electricity trading, 
and  could  ultimately  lead  to  higher  electricity  prices  for  consumers  and  a  slowdown  in  the 
greening  of  the  electricity  system  by  preventing  the  cost-effective  integration  of  renewable 
technologies in the electricity mix. 

In  the  context  of  the  spike  in  energy  prices  observed  in  the  second  half  of  2021,  the 
Commission  started  investigations  into  whether  Europe’s  main  gas  suppliers  may  have 
engaged in anti-competitive conduct aimed at pushing up gas prices in Europe. 

The  environment  sector  also  saw  intense  merger  and  acquisition  activity  in  2021.  In  April 
2021,  the  Commission  approved  the  acquisition  of  several  waste  management  companies 
located in Germany, Luxembourg, the Netherlands and Poland by Schwarz Group from Suez, 
subject  to  the  divestment  of  the  lightweight  packaging  (LWP)  sorting  plant  in  Rotterdam 
originally  owned  by  Suez212.  The  transaction,  as  originally  notified,  would  have  brought 
together  the  two  largest  players  in  the  LWP  sorting  market  in  the  Netherlands,  and  would 
have  probably  led  to  higher  prices  for  LWP  sorting,  higher  recycling  costs  and,  ultimately, 
increased prices in consumer goods.  

The  Commission  authorised  on  14  December  2021  the  acquisition  of  Suez  by  Veolia213, 
subject  to  the  divestment  of  almost  the  entirety  of  Suez’s  waste  and  water  businesses  in 
France. Both companies are major global players in the management of water and waste, and 
the Commission found that the transaction as originally notified would have probably led to 
higher prices and lower quality of service for public sector and industrial customers.  

On  16  December  2021,  the  Commission  also  authorised  the  acquisition  of  Group  Ecore  by 
Derichebourg214,  subject  to  the  divestment  of  several  metal  scrap  collection  and  recycling 
plants  in  France.  Both  companies  are  leading  players  in  the  collection,  recycling  and 
commercialisation  of  metal  scrap  in  France,  and  together  they  would  have  had  a  strong 
position  in  several  regions,  which  would  have  led  to  higher  prices  and  less  choice  for 
suppliers  and  customers,  to  the  detriment  of  consumers.  Derichebourg  offered  to  divest  a 
number of plants, fully addressing the competition concerns identified by the Commission. 

2. INFORMATION AND COMMUNICATION TECHNOLOGIES AND MEDIA  

2.1 Overview of key challenges in the sector 

Markets in the information, communication, technologies and media sectors (ICT) continue to 
evolve  at  rapid  pace  with  new  devices  and  new  intangible  advances  appearing,  such  as 
services,  applications,  and  ecosystems.  Business  models  and  sources  of  revenue  tend  to 
change  faster  in  digital  markets  than  elsewhere.  The  media  sector  has  significantly  evolved 
due  to  technological  convergence  as  content  is  delivered  to  users  via  an  increasing  array  of 
devices  and  networks  (for  example  films,  music  and  editorial  content  offered  by  different 

211 Case AT.40700 - Intraday trading of wholesale electricity. 
212 Case M.10047 – Schwarz Group / Suez Waste Management Companies, Commission Decision of 14.4.2021. 
213 Case M.9969 – Veolia / Suez, Commission Decision of 14.12.2021. 
214 Case M.10249 - Derichebourg Environnement / Groupe Ecore Holding, Comission Decision of 16.12.2021.  

51 

 
                                                 
platforms are available on TV screens, phones, tablets and laptops running through different 
telecommunications networks, including fixed or mobile). Technological innovation has also 
created new cross-border opportunities and poses challenges to established business practices. 

The  frequently  observed  network  effects  in  ICT  markets  render  them  particularly  prone  to 
consumer lock-in and entrenched positions of dominant suppliers. Market players frequently 
hold a dual role, by operating a platform or marketplace for third parties and at the same time 
offering their own products  or services on that platform or marketplace in competition  with 
those third parties. In ICT markets, access to and control over various types of data will often 
be  decisive  for  commercial  success.  At  the  same  time,  anti-competitive  practices  may  raise 
barriers to entry and cause small and innovative competitors to exit early from the market. 

To  contribute  to  the  digital  transition,  effective  antitrust  scrutiny  of  the  behavior  of  market 
players,  including  platforms,  as  well  as  timely  intervention  need  to  be  ensured  in  ICT 
markets. To make and keep markets open and competitive in line with the goals of the EU’s 
digital  agenda,  enforcement  must  focus  on  safeguarding  interoperability  and  competition 
between technological platforms, and on improving standard setting. 

2.2. Contribution of EU competition policy to tackling the challenges  

2.2.1. Data and platforms 

On  20  January  2021,  the  Commission  fined  Valve,  the  owner  of  the  online  PC  gaming 
platform Steam and five publishers Bandai Namco, Capcom, Focus Home, Koch Media and 
ZeniMax, a total of EUR 7.8 million for restricting cross-border sales of PC video games on 
the basis of customers’ geographical location within the EEA (“geo-blocking”)215. The fines 
for  the  publishers,  totalling  over  EUR  6  million,  were  reduced  because  the  companies 
cooperated with the Commission. Valve chose not to cooperate and was fined over EUR 1.6 
million. 

The Commission is ensuring that platforms do not access and use data in an anticompetitive 
manner. In that regard, the Commission is investigating Amazon’s systemic reliance on non-
public  business  data  of  independent  sellers  who  offer  their  goods  and  services  on  its 
marketplace, to  the benefit of Amazon’s own  retail business,  which is  in direct  competition 
with  those  third  party  sellers.  The  Commission  issued  a  Statement  of  Objections  in  the 
Amazon Data case on 10 November 2020216 and the investigation is currently ongoing.  

On  4  June  2021,  the  Commission  opened  a  formal  antitrust  investigation  to  assess  whether 
Facebook  (now  Meta)  violated  EU  competition  rules  by  using  advertising  data  gathered  in 
particular  from  advertisers  in  order  to  compete  with  them  in  markets  where  Meta  is  active 
such as classified ads217. The formal investigation will also assess whether Meta ties its online 
classified  ads  service  “Facebook  Marketplace”  to  its  social  network,  in  breach  of  EU 

215 Cases AT.40413, Focus Home; AT.40414, Koch Media; AT.40420, ZeniMax; AT.40422, Bandai Namco and 
AT.40424, Capcom. See https://ec.europa.eu/commission/presscorner/detail/es/ip_21_170. 
216  Case  AT.40462  -  Amazon  Marketplace;  Commission  Press  Release,  10.11.2020,  “Antitrust:  Commission 
sends  Statement  of  Objections  to  Amazon  for  the  use  of  non-public  independent  seller  data  and  opens  second 
investigation  into  its  e-commerce  business  practices”,  under  “Statement  of  Objections  on  Amazon's  use  of 
marketplace seller data”; available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2077. 
217  Case  AT.40684  -  Facebook  –  leveraging;  Commission  Press  Release,  4.6.2021,  “Antitrust:  Commission 
opens 
at: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_21_2848.  

anticompetitive 

investigation 

Facebook”; 

available 

possible 

conduct 

into 

of 

52 

 
                                                 
competition  rules.  If  proven,  the  practices  under  investigation  may  breach  EU  competition 
rules  on  anticompetitive  agreements  between  companies  (Article  101  TFEU)  and/or  on  the 
abuse of a dominant position (Article 102 TFEU).  

On 22 June 2021, the Commission formally opened an investigation under Articles 101 and/or 
102 of the TFEU into a broad range of Google’s advertising technology (ad tech) and data-
related  practices218.  The  Commission’s  decision  to  open  the  investigation  was  addressed  to 
Google and its parent company Alphabet and concerns Google’s role and use of data in online 
advertising and the provision of ad tech services, that is to say online intermediation services 
between advertisers and publishers for serving ads.  

The  investigation  covers  notably:  (1)  potential  restrictions  on  competing  ad  tech  services’ 
ability  to  serve  online  display  advertisements  on  YouTube  and  a  potential  obligation  to  use 
Google’s services to programmatically purchase online display advertisements on YouTube, 
since  at  least  2015;  (2)  potential  reciprocal  favouring  of  Google’s  advertiser  side  and 
publisher side ad tech services, since at least 2010; (3) potential restrictions by Google on the 
ability  of  advertisers,  publishers  and  competing  online  display  advertising  intermediaries  to 
access data about user identity or user behaviour available to Google’s own ad tech services, 
since  at  least  2012;  (4)  Google’s  announced  plans  to  prohibit  the  placement  of  third  party 
cookies on Chrome and to introduce as a replacement the “Privacy Sandbox” set of tools, at 
least since the plans were announced in January 2020; and (5) Google’s announced plans to 
stop  making  the  advertising  identifier  available  to  third  parties  on  Android  devices  when  a 
user opts out of interest-based advertising or advertisement personalisation, at least since the 
announcement was made in June 2021.  

The  Commission  has  also  initiated  three  formal  antitrust  proceedings  against  Apple 
concerning Apple’s rules on the distribution of apps that compete with Apple’s own apps and 
services on Apple’s App Store in the European Economic Area219. In the App Store Practices 
(music  streaming)  case  in  particular,  the  Commission  has  preliminary  found  that  the 
requirements  imposed  by  Apple  distort  competition  on  the  music  streaming  market  and 
constitute  an  abuse  of  Apple’s  dominant  position  in  the  market  for  distribution  of  music 
streaming apps to iPhone and iPad users220.  

Further, the Commission is also looking into potential “self-preferencing” and discriminatory 
practices  of  digital  “dual  role”  platforms.  In  particular,  the  Commission  is  investigating 
whether  the  criteria  that  Amazon  sets  to  select  the  winner  of  the  “Buy  Box”  and  to  enable 
sellers  to  offer  products  to  Prime  users,  under  Amazon’s  Prime  loyalty  programme,  lead  to 
preferential treatment of Amazon’s retail business or of third-party sellers that use Amazon’s 
logistics and delivery services221.  

218  Case  AT.40670  -  Google  -  Adtech  and  Data-related  practices;  Commission  Press  Release,  22.6.2021, 
“Antitrust:  Commission  opens  investigation  into  possible  anticompetitive  conduct  by  Google  in  the  online 
advertising technology sector”; available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3143.  
219 Case AT.40437 - Apple - App Store Practices (music streaming); Case AT.40652 - Apple App Store Practices 
(e-books/audiobooks); Case AT.40716 - Apple - App Store Practices. 
220  Case  AT.40437  -  Apple  -  App  Store  Practices  (music  streaming);  Commission  Press  Release,  30.4.2021, 
“Antitrust:  Commission  sends  Statement  of  Objections  to  Apple  on  App  Store  rules  for  music  streaming 
providers”, available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2061. 
221 Case AT.40703 - Amazon - Buy Box; Commission Press Release, 10.11.2020, “Antitrust: Commission sends 
Statement  of  Objections  to  Amazon  for  the  use  of  non-public  independent  seller  data  and  opens  second 
investigation into its e-commerce business practices”, under “Investigation into Amazon practices regarding its 
“Buy Box” and Prime label”; available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2077. 

53 

 
                                                 
In  July  2020,  the  Commission  launched  the  consumer  Internet  of  Things  (“IoT”)  sector 
inquiry, based on Article 17 of Regulation 1/2003222, to better understand the IoT sector, its 
competitive landscape, developing trends and potential competition  issues. On 9 June 2021, 
the  Commission  published  its  preliminary  report  on  the  IoT  sector  inquiry,  setting  out  its 
initial  findings  and  providing  an  overview  of  the  main  competition-relevant  market  trends 
identified223.  The  publication  was  followed  by  a  public  consultation  during  which 
stakeholders  were  able  to  comment  on  the  initial  findings  of  the  sector  inquiry.  In  January 
2022,  the  Commission  published  the  final  report224  and  its  accompanying  Staff  Working 
Document225 in which it presented the findings of the sector inquiry, including a number of 
potential competition concerns, raised by stakeholders. Stakeholders have in particular raised 
concerns in relation to (i) certain exclusivity and tying practices for voice assistants, (ii) the 
position  of  voice  assistants  and  smart  device  operating  systems  as  intermediaries  between 
users,  on  one  side,  and  smart  devices  or  consumer  IoT  services  on  the  other  side,  (iii)  the 
access to and accumulation of large amounts of data by voice assistant providers; and (iv) a 
lack  of  interoperability  due  to  technology  fragmentation  and  the  prevalence  of  proprietary 
technology. 

The Digital Markets Act 
The  Digital Markets  Act  (DMA)  legislative  proposal  was  adopted  by  the  Commission  in  December 
2020  as  a  core  piece  of  its  European  Digital  Strategy.  The  proposal  seeks  to  address  the  problems 
arising in digital markets, such as the gatekeeper power of large digital platforms. The DMA proposal 
establishes  the  relevant  criteria  to  identify  “gatekeepers”  which  fall  within  the  Regulation.  Where  a 
platform meets the quantitative thresholds regarding (1) its size, (2) its active business users and end 
users, and (3) its entrenched and durable position, it will be presumed to be a gatekeeper until proof to 
the contrary. The Commission will also be able to designate gatekeepers individually upon qualitative 
assessment.  Gatekeepers  will  be  obliged  to  comply  with  a  set  of  harmonized  rules,  which  aim  at 
keeping  core  platform  services  contestable  and  restrict  unfair  conduct  vis-à-vis  their  business  users, 
within six months upon identification as a gatekeeper. Fines of up to 10% of the company’s worldwide 
turnover  as  well  as  proportionate  behavioural  or  structural  remedies  may  be  imposed  to  ensure  the 
effective enforcement of the rules.  
In November 2021 the Council agreed on its position (“general approach”) on the DMA proposal. In 
December  2021,  the  European  Parliament  voted  by  a  large  majority  the  text  that  constitutes  its 
mandate for negotiations with the Council. A political agreement is expected in the first half of 2022. 
In  parallel  to  the  legislative  negotiations,  the  Commission  must  prepare  a  number  of  implementing 
acts, templates for decisions, and set up internal procedures, including registry and IT systems.  

is  available  here:  https://ec.europa.eu/competition-policy/system/files/2021-

222 Case HT.5752 – Commission decision of 16.7.2020 initiating an inquiry into the sector for consumer Internet 
of Things related products and services pursuant to Article 17 of Council Regulation (EC) No 1/2003, available 
at: https://ec.europa.eu/competition/antitrust/IoT_decision_initiating_inquiry_en.pdf. 
223  The  Preliminary  Report 
06/internet_of_things_preliminary_report.pdf. 
224 Report from the Commission to the Council and the European Parliament - Final report - sector inquiry into 
consumer 
available  here: 
https://ec.europa.eu/competition-policy/system/files/2022-01/internet-of-things_final_report_2022_en.pdf. 
225  Commission  Staff  Working  Document  –  Report  from  the  Commission  to  the  Council  and  the  European 
Parliament:  Final  report  -  Sector  inquiry  into  consumer  Internet  of  Things,  SWD  (2022)  10  final,  20.1.2022, 
available 
https://ec.europa.eu/competition-policy/system/files/2022-01/internet-of-
things_final_report_2022_staff_working_document_0.pdf. 

Internet  of  Things  COM 

(2022)  19  Final,  20 

January  2022, 

here: 

54 

 
 
                                                 
2.2.2. Cross-border access to content 

On  9  December  2020,  the  CJEU226  set  aside  the  General  Court’s  earlier,  confirmatory 
judgment227, and annulled the Commission’s decision of 26 July 2016, which made binding 
commitments  offered  by  one  of  the  studios  (Paramount)  in  the  pay-TV  investigation.  Since 
the  Commission  also  made  essentially  identical  commitments  binding  on  the  remaining 
studios (Disney, NBCUniversal, Sony Pictures, Warner Bros.) and the broadcaster Sky by its 
decision of 7 March 2019, the Commission decided to withdraw that decision and close the 
antitrust  proceedings  on  31  March  2021228.  The  pay-TV  investigation  related  to  certain 
clauses in licensing contracts for pay-TV between six major film studios and Sky UK. Such 
clauses  restricted  Sky  UK’s  ability  to  accept  unsolicited  requests  from  consumers  located 
outside the UK and Ireland, eliminating cross-border competition and rendering more difficult 
cross-border  access  to  audio-visual  content.  Both  judgments  confirmed  the  Commission’s 
interpretation  of  Article  101(1)  TFEU  and  indicate  that  the  geo-blocking  clauses  at  issue 
create  absolute  territorial  protection  and  thus  have  as  their  object  the  restriction  of 
competition. Moreover, the General Court’s judgement supports the Commission’s view that 
such  clauses  would  not  be  exempted  under  Article  101(3)  TFEU,  because  they  are  not 
indispensable. 

2.2.3. Technology Markets 

The  Commission’s  actions  in  technology  markets  aim  at  keeping  markets  competitive  and 
maximising incentives to innovate. In this context, the Commission has continued monitoring 
compliance with its decisions in the Google Search (Shopping) and Google Android cases. 

The Google Search (Shopping) case 
On 10 November 2021, the General Court largely upheld the Commission's Decision of 27 June 2017 
in the Google Search (Shopping) case, concluding that Google abused its market dominance in general 
search by treating its own comparison shopping service more favourably than competing comparison 
shopping services229. Google was displaying its own service prominently at or near the top of the first 
search results page, irrespective of how good or relevant it was, while rival services were demoted to 
page  four  or  lower,  where  they  were  not  even  seen.  The  judgment  delivers  the  clear  message  that 
Google’s conduct was unlawful and it provides the necessary legal clarity for the market. In particular, 
the Court confirmed a number of important principles outlined in the Commission’s Decision such as 
the  anticompetitive  nature  of  the  practice  at  issue,  the  Commission’s  finding  of  harmful  effects  on 
competition and the lack of any objective justification for Google’s conduct. The Court also upheld the 
fine of EUR 2.42 billion imposed on Google. Google has filed an appeal to the CJEU. 

On  2  August  2021  the  Commission  opened  an  in-depth  investigation  on  the  proposed 
acquisition of Kustomer, a Customer Relationship Management (CRM) software provider, by 
Meta  (previously  Facebook).  Following  its  in-depth  investigation,  the  Commission  had 
concerns  that  the  transaction,  as  initially  notified,  would  have  harmed  competition  in  the 
market for the supply of CRM software and the market for the supply of customer service and 
support CRM software. In particular, Meta might foreclose access to its business-to-consumer 

226 Judgment of the Court of Justice of 9.12.2020, C-132/19 P, Groupe Canal + v Commission, EU:C:2020:1007.  
227 Judgment of the General Court of 12.12.2018, T-873/16, Groupe Canal + v Commission, EU:T:2018:904. 
228 Case AT. 40023 - Cross-border access to pay-TV, Commission Decision of 31.3.2021 withdrawing Decision 
C (2019) 1772 final of 7.3.2019 relating to a proceeding under Article 101 of the Treaty on the Functioning of 
the European Union (TFEU) and Article 53 of the EEA Agreement. 
229  Judgment  of  the  General  Court  of  10.11.2021,  T-612/17,  Google  LLC  and  Alphabet,  Inc.  v  European 
Commission, EU:T:2021:763. 

55 

 
                                                 
messaging  channels,  namely  WhatsApp,  Messenger  or  Instagram,  which  constitute  an 
important input for suppliers of CRM software services. To address the competition concerns 
identified by the Commission,  Meta offered comprehensive access  commitments  with  a 10-
year  duration,  namely  a  public  API  access  commitment  and  a  core  API  access  -parity 
commitment, with a trustee, to be appointed before the transaction would close, to monitor the 
implementation  of  the  commitments.  In  view  of  this,  the  Commission  on  27  January  2022 
approved the proposed acquisition of Kustomer by Meta, conditional on full compliance with 
the commitments offered by Meta230. 

On  30  June  2021  the  Commission  cleared  the  acquisition  of  Xilinx  by  Advanced  Micro 
Devices  (AMD),  both  global  semiconductor  companies  based  in  the  US.  The  Commission 
focused  on  possible  conglomerate  effects  with  regard  to  AMD’s  central  processing  units 
(CPUs)  and  graphic  processing  units  (GPUs)  and  Xilinx’s  field-programmable  gate  arrays, 
concluding that the transaction does not raise competition concerns given the lack of ability 
and incentive to foreclose rival providers of CPUs and GPUs.  

On  27  October  2021,  the  European  Commission  opened  an  in-depth  investigation  to  assess 
the proposed acquisition of Arm, a supplier of core architecture and intellectual property (IP) 
to  chipmakers  for  the  design  of  processing  units,  by  NVIDIA,  a  global  supplier  of 
semiconductors231. In its preliminary investigation, the Commission  had found that Arm has 
significant  market  power  on  the  upstream  market  for  the  licensing  of  IP  for  the  design  of 
processor products. Therefore, the Commission raised serious concerns that the merged entity 
would have the ability and incentive to restrict or degrade access to Arm's IP by providers of 
processor  products  that  compete  with  NVIDIA  downstream,  leading  to  higher  prices,  less 
choice and reduced innovation in the semiconductor industry. On 8 February 2022, NVIDIA 
informed the Commission that it withdrew its notification and demonstrated that it abandoned 
the concentration232. 

On 21 December 2021, the Commission approved the acquisition of Nuance, a US software 
company  offering  transcription  technology,  with  a  focus  on  the  healthcare  sector,  by 
Microsoft,  a  global  technology  company.  The  transaction,  aiming  at  facilitating  Microsoft’s 
entry  into  the  healthcare  space,  mainly  gave  rise  to  conglomerate  relationships  between 
Nuance’s transcription software and Microsoft’s provision of productivity software, enterprise 
communication  services  and  PC  operating  systems.  The  Commission  concluded  that  the 
proposed transaction would raise no competition concerns on any of the markets examined in 
the EEA and cleared the case unconditionally233. 

2.2.4. Telecommunication sector 

European consumers must be able to benefit from increased choice in the telecommunication 
sector thanks to low prices, high quality and innovative services. The fast and efficient roll-
out of 5G, ensuring the European industry's competitiveness in an increasingly digital society, 
is  a  key  priority  for  the  Commission.  Network  sharing  agreements  can  be  a  source  of 
efficiencies - such agreements can facilitate the roll-out of advanced technological solutions 
by reducing costs. However, not all network sharing arrangements are beneficial and potential 
anti-competitive effects  have to  be carefully assessed in  order to  avoid  harm to  competition 

230 Case M.10262 - Meta (formerly Facebook) / Kustomer. 
231 Case M.9987 - NVIDIA / Arm. 
232 OJ C 85, 22.2.2022, p. 2. 
233 Case M.10290 – Microsoft / Nuance. 

56 

 
                                                 
and possible consumer harm.  

In 2021 the Commission continued its investigation into a mobile network-sharing agreement 
between the two largest  operators in Czechia, O2/CETIN and T-Mobile. Following on from 
the  issuance  of  a  Statement  of  Objections  in  2019,  on  27  August  2021  the  Commission 
adopted a preliminary assessment which set out the concerns that the Commission continued 
to  have  as  regards  the  negative  effects  on  competition  of  the  sharing  agreement.  The  key 
concerns set out related to the reduction in the ability and incentives of T-Mobile and O2 to 
unilaterally  invest  in  network  infrastructure,  in  particular  through  technological  hold-back, 
financial  disincentives  and  information  exchange.  The  parties  offered  commitments  to  meet 
the  Commission’s  competition  concerns.  The  commitments  relate  to  certain  hardware 
upgrades,  certain  financial  conditions  for  unilateral  deployments  and  further  restrictions  on 
information  exchange234.  The  offered  commitments  were  market  tested  until  1  November 
2021235.  

On 28 July 2021, the European Commission  approved the  acquisition  of  Telekom Romania 
Communications (TKR) by Orange, of which provide wholesale and retail telecommunication 
services in Romania. The approval was conditional on the divestiture of TKR's 30% minority 
shareholding in Telekom Romania Mobile Communications (TRMC), one of the main mobile 
operators in Romania. The Commission found that the transaction would have raised serious 
competition  concerns, as Orange would have acquired TKR's 30% minority shareholding in 
TRMC,  one  of  Orange’s  key  competitors  at  retail  level.  This  may  have  reduced  Orange's 
incentives to compete with TRMC and allowed it to block important investments by TRMC. 
The  Commission  found that  the  divestment  of  TKR's  30%  minority  shareholding  in  TRMC 
fully  removes  the  competition  concerns  identified  in  the  market  for  retail  mobile 
telecommunications services236. 

On 10 November 2021, the European Commission approved the acquisition of joint control of 
Open Fiber, a wholesale-only operator developing an optical fibre network in Italy, by Cassa 
Depositi  e  Prestiti  (CDP),  controlled  by  the  Italian  State,  and  Macquarie  Group  Limited,  a 
multinational investment bank237. The transaction raised no horizontal or vertical relationships 
between the activities of Macquarie and Open Fiber, which was already jointly controlled by 
CDP (together with Enel). The Commission assessed whether the Transaction was interrelated 
with  the  potential  creation,  announced  by  CDP  and  TIM,  the  Italian  telecommunications 
incumbent,  of  a  single  fixed  network  in  Italy,  and  should  therefore  be  treated  as  a  single 
concentration. The Commission concluded that the two transactions were independent of each 
other. Finally, the Commission also assessed whether the transaction would increase the risks 
of  coordination  between  Open  Fiber  and  TIM,  in  which  CDP  has  minority  interests,  and 
concluded that possible concerns in this regard are not specific to the transaction. 

Other significant developments in the telecoms sector include the judgments rendered by the 
CJEU in  the Deutsche Telekom and Slovak  Telekom cases238. These judgments  confirm  that 

234 Case AT.40305 - Network sharing - Czech Republic. 
235  Communication  from  the  Commission  published  pursuant  to  Article  27(4)  of  Council  Regulation  (EC)  No 
1/2003 in Case AT.40305 - Network Sharing - Czech Republic, OJ C 398, 1.10.2021, p. 24–27. 
236 Case M.10153 - Orange / Telekom Romania Communications. 
237 Case M.10450 – CDP / Macquarie / Open Fiber. 
238  Judgments  of  the  Court  of  Justice  of  25.3.2021,  C-152/19  P,  Deutsche  Telekom,  EU:C:2021:238  and  C-
165/19 P, Slovak Telekom, EU:C:2021:239, which fully upheld the General Court’s judgments of 13.12.2018 in 
cases T-827/14 and T-851/14. 

57 

 
                                                 
where a dominant undertaking gives access to its infrastructure but makes that access subject 
to unfair conditions, this behaviour can amount to an abuse239.  

2.2.5. Media 

On  22  December  2021,  the  Commission  approved  the  acquisition  of  Warner  Media  by 
Discovery,  both  US  companies  active  across  the  audio-visual  (AV)  value  chain.  The 
Commission’s  investigation  focused  on  a  number  of  horizontal,  vertical  and  conglomerate 
relationships between the parties’ activities in various Member States, mainly concerning the 
markets  for the wholesale supply of TV channels and the retail  supply of AV services. The 
Commission  concluded  that  that  the  proposed  acquisition  would  raise  no  competition 
concerns  given  that,  following  the  transaction,  the  combined  entity  would  continue  to  face 
sufficient competition from other players. In addition, the Commission found no competition 
concerns  stemming  from  the  vertical  and  conglomerate  links  between  the  activities  of  the 
companies,  since  the  latter  would  not  have  the  ability  nor  the  incentive  to  engage  in 
foreclosure practices240. 

In  2021,  the  Commission  dealt  with  a  large  number  of  State  aid  cases  in  the  news  media 
sector.  Particular  attention  was  paid  to  the  fact  that  media  play  a  key  role  for  democracy, 
where  support  should  be  provided  in  a  way  that  respects  and  promotes  quality  independent 
journalism, media freedom and pluralism241. The Commission has continued its policy work 
to sustain a free and independent media sector. Similarly, aid to film production remains an 
important tool to sustain the cultural diversity of the EU in the audio-visual sector. As aid to 
the  media  may  also  be  granted  under  the  Recovery  and  Resilience  Facility  (RRF),  the 
Commission  developed  a  template  to  guide  Member  States  on  how  to  apply  State  aid  rules 
and procedures to aid for digitalisation of news media242. 

2.2.6. Facilitating the Digital Transition 

High  quality  electronic  communications  infrastructure  is  crucial  for  social  cohesion  and  a 
competitive  and  sustainable  economy,  therefore  State  aid  control  in  the  electronic 
communications  sector,  including  aid  for  broadband  rollouts,  plays  an  important  role  in 
developing a coordinated investment strategy and reaching the digital transition goals.  

A  public  consultation  on  the  evaluation243  of  the  2013  Guidelines  for  State  aid  to 

239  The  conditions  laid  down  by  the  Court  of  Justice  in  its  judgment  of  26.11.1998,  C-7/97,  Bronner, 
EU:C:1998:569,  paragraph  41,  do  not  apply  in  this  type  of  situation.  The  judgments  also  confirm  the 
Commission's  assessment  that  Deutsche  Telekom  and  Slovak  Telekom  were  part  of  the  same  economic  entity 
and that, as a parent company, Deutsche Telekom was therefore jointly and severally liable for Slovak Telekom's 
abusive behaviour. 
240 Case M.10343 – Discovery / WarnerMedia. 
241  As  set  out  in  the  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  On  the  European  democracy 
action plan, 3.12.2020, COM(2020) 790 final, and in the Communication from the Commission to the European 
Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions, 
Europe’s  Media  in  the  Digital  Decade:  An  Action  Plan  to  Support  Recovery  and  Transformation,  3.12.2020, 
COM(20202) 784 final. 
242https://ec.europa.eu/competition-policy/system/files/2021-
04/template_RRF_digitalisation_of_news_media.pdf.  
243  State  aid:  Commission  invites  comments  on  State  aid  rules  for  the  deployment  of  broadband  networks, 
and 
available 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12398-Evaluation-of-State-Aid-rules-
for-broadband-infrastructure-deployment. 

https://ec.europa.eu/competition/consultations/2020_broadband/index_en.html 

at: 

58 

 
                                                 
Broadband244 came to an end in January 2021. To ensure that the Broadband Guidelines are 
aligned  with  technological  and  economic  developments  and  take  into  account  evolving 
connectivity  objectives,  in  November  2021,  the  Commission  launched  a  public  consultation 
on  draft  for  revised  Broadband  Guidelines245,  with  the  aim  to  adopt  them  in  the  course  of 
2022.  

In  July  2021,  the  Commission  adopted  an  extension  of  the  scope  of  the  GBER246,  which 
concerns, among others, certain State aid measures that support the digital transition, notably 
aid  for  fixed  and  mobile  broadband  networks,  as  well  as  connectivity  vouchers.  This  new 
GBER  extention  will  also  facilitate  the  co-financing  with  State  aid  of  certain  projects  of 
common  interest  in  the  area  of  trans-European  digital  connectivity  infrastructure  financed 
under  Regulation  (EU)  2021/1153  or  awarded  a  Seal  of  Excellence  quality  label  under  that 
Regulation. 

Measures within the Recovery and Resilience Facility (RRF) have to  comply with the State 
aid  framework  for  State  aid  measures  to  support  the  economy  in  the  current  COVID-19 
outbreak and be notified to the Commission unless they fall under the GBER or an existing 
authorized  scheme.  To  facilitate  the  Member  States’  State  aid  assessment,  the  Commission 
provided  guidance  on  State  aid  to  broadband  connectivity  in  the  form  of  a  template  on 
measures  to  support  the  deployment  and  take-up  of  fixed  and  mobile  very  high  capacity 
networks, including 5G and fibre networks247. 

3. FINANCIAL SERVICES 

3.1 Overview of key challenges in the sector 

Throughout 2021, financial services markets continued to be characterised by a rapid pace of 
technological  and  regulatory  changes.  The  Commission’s  intervention  in  the  sector  aims  at 
ensuring that consumers and merchants are able to benefit fully from these developments. All 
instruments  of  EU  competition  policy  contribute  to  maintaining  and  promoting  strong 
competition in markets for financial services and protecting customers and innovation, while 
preventing systemic risks to the economy.  

EU legislation, and in particular the implementation of the Interchange Fee Regulation248 and 
the revised Payment Services Directive249 aim at spurring more competition and innovation in 
the payments sector, to the benefit of consumers and merchants. Many payment services are 
characterized  by  network  effects.  As  a  result,  distortions  of  competition  by  companies  or 
Member  States  can  produce  particularly  severe  effects  such  as  preventing  innovative 
competitors  from  entering,  or  pushing  them  to  exit  from  the  market  prematurely.  It  is 
therefore important to prevent or remedy such distortions.  

244 Communication from the Commission: EU Guidelines for the application of State aid rules in relation to the 
rapid deployment of broadband networks, OJ C 25, 26.1.2013, p. 1-25. 
245 https://ec.europa.eu/competition-policy/public-consultations/2021-broadband_en. 
246  Commission  Regulation  (EU)  2021/1237  of  23.7.2021  amending  Regulation  (EU)  No  651/2014  declaring 
certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty 
(Text with EEA relevance), OJ L 270, 29.7.2021, p. 39–75. 
247https://ec.europa.eu/competition-policy/system/files/2021-
04/template_RRF_broadband_roll_out_and_demand_side_measures_0.pdf. 
248 Regulation (EU) 2015/751 of the European Parliament and of the Council of 29.4.2015 on interchange fees 
for card-based payment transactions, OJ L 123, 19.5.2015, pp. 1–15. 
249 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25.11.2015 on payment services 
in the internal market, OJ L 337, 23.12.2015, pp. 35–127. 

59 

 
                                                 
New  players  regularly  emerge  or  continue  their  development  across  financial  markets, 
including large technology companies, such as Apple or Alphabet (Google), but also smaller 
or more innovative providers, in  particular  FinTech companies,  which aim  at  enhancing the 
provision  of  financial  services  by  bringing  in  technological  innovation.  This  trend  covers 
most  financial  services  markets,  including  banking,  payments  and  insurance.  Digital 
technology  and  FinTech  companies  have  also  continued  to  facilitate  access  to  EU  capital 
markets  for  investors  and  the  Commission  pursued  its  objective  to  create  a  smooth 
functioning  Capital  Markets  Union  in  2021.  The  development  of  cryptocurrencies  raises  a 
number  of  regulatory  challenges,  including  possible  competition  issues.  Most  of  the 
regulatory issues  are being addressed by Commission  legislative initiatives, which also  take 
into  account  potential  competition  concerns,  such  as  the  Commission  proposal  for  a 
Regulation  on  Markets  in  Crypto-Assets  (MiCa)250  which  seeks  to  regulate  and  supervise 
crypto-assets.  The  Commission  will  continue  to  monitor  market  developments  concerning 
crypto-assets,  as  well  as  digital  wallets  for  related  payment  and  money  transfers,  such  as 
Facebook’s digital  wallet  Novi, to ensure timely  antitrust  assessment of their impact  for the 
payment sector and consumer welfare. 

Incumbent  players  in  the  financial  industry,  including  card  schemes,  banks  and  traditional 
insurers  or  brokers  remain  key  players  in  the  financial  value  chains.  Throughout  2021,  the 
Commission  has  thoroughly  investigated  consolidation,  cooperation  and  even  coordination 
among traditional market players. The Commission also reviewed aid schemes to banks and 
other traditional financial institutions. 

Access to  cheap  and  reliable financial data is  also  a key challenge for the industry, as such 
data ensures the fairness of market prices and systemic stability. Major policy initiatives and 
commercial  strategies  aiming  to  encourage  a  stronger  shift  towards  sustainable  investment 
through clearer indications of firms’ environmental, social and corporate governance records 
have further emphasised the need for fair and non-discriminatory access to financial market 
data such as ESG indices. All of these developments have demonstrated the essential nature 
of qualitative proprietary market data on which the Capital Market Union relies. In turn, this 
has  reinforced  the  need  to  ensure  that  the  EEA  data  markets  are  free  of  anti-competitive 
behaviours, and that concentrations in the field are carefully scrutinised. 

The  decision  by  the  G20  and  competent  regulatory  authorities  to  cease  the  publication  of 
IBORs (starting with certain LIBOR rates at the end of 2021) to favour reliance on alternative 
“risk  free”  rates,  has  induced  a  number  of  international  financial  organisations  to  develop 
mechanisms to facilitate this transition. In particular, they have convened their members and 
launched  consultations  in  order  to  design  fall-back  rates  to  apply  to  IBOR  based  legacy 
contracts.  These  voluntary  fall-backs  seek  to  facilitate  the  needed  renegotiation  and 
adjustment  of  the  many  thousands  of  such  legacy  contracts  whose  terms  extend  beyond  the 
announced  IBOR  cessation  dates.  The  fall-back  design  processes  must  be  undertaken  in 
compliance with EU competition law. 

In  2021,  the  COVID-19  pandemic  continued  to  impact  financial  services  markets.  In 
particular:  

- 

In  the  banking  sector,  the  wide  range  of  aid  schemes  set-up  by  the  Member  States  and 
approved  by  the  Commission  to  support  the  real  economy  contributed  to  shielding  EU 

250 Proposal for a Regulation on Markets in Crypto-assets amending Directive (EU) 2019/1937, 24.9.2020, COM 
(2020) 593 final. 

60 

 
                                                 
banks from a severe downturn.  

- 

- 

In  the  insurance  sector,  the  COVID-19  pandemic  has  continued  to  create  pressure  on 
certain  lines  of  insurance  notably  those  related  to  health  and  business  continuity.  In 
addition to the COVID-19 pandemic, climate change and an increasing number of severe 
weather  events  as  well  as  increasing  levels  of  cybercrime  are  affecting  the  insurance 
sector. These developments may give rise to the need for cooperation in the sector, which 
however must be compliant with EU competition law.  

In  the  payments  sector,  retail  payments  have  increasingly  turned  digital  and  contactless. 
The trend towards an increased use of digital and contactless payments in-store and online 
which  accelerated  at  the  start  of  the  pandemic  continued  throughout  the  year, 
strengthening the market position of companies offering such payment services. 

3.2 Contribution of EU competition policy to tackling the challenges  

3.2.1. Contribution of EU competition policy to innovation and fairness in payments 

In 2021, the Commission continued its monitoring of the application of the Interchange Fee 
Regulation (IFR)251.  

The Commisson’s Report to  the European Parliament and the Council on the application of 
the IFR of 29 June 2020252 concluded that the IFR has achieved its main objectives and did 
not identify a need for legal revision. Following the IFR Hearing on 7 December 2020 which 
allowed additional stakeholders’ and national competent authorities’ views to be collected, the 
Commission continued market monitoring in 2021 on the basis of voluntary questionnaires to 
stakeholders, related in particular to recent scheme fees trends and possible circumvention of 
the interchange fees capped by the IFR.  

3.2.2. Antitrust and cartel investigations in the financial services sector 

In  2021,  the  Commission  sanctioned  three  new  cartels  in  the  financial  sector,  imposing 
overall fines of EUR 740 million on 16 different financial institutions. 

In April and May 2021, the Commission fined a number of investment banks a total of EUR 
28.494 million for being part of a sovereign and agency bonds trading cartel253 and EUR 371 
million for participating in a cartel trading European Government Bonds254. 

In  particular,  with  regard  to  the  first  case,  the  Commission  found  that  Bank  of  America 
Merrill Lynch, Crédit Agricole, Credit Suisse and Deutsche Bank took part in a cartel relating 
to Supra-sovereign, Sovereign and Agency (SSA) bonds denominated in US Dollars. The four 
investment  banks  participated  in  the  cartel  through  a  core  group  of  traders  that  exchanged 
commercial  sensitive  information,  usually  on  multilateral  or  bilateral  chatrooms  on 
Bloomberg terminals. 

251 Regulation (EU) 2015/751 of the European Parliament and of the Council of 29.4.2015 on interchange fees 
for card-based payment transactions, OJ L 123, 19.5.2015, pp. 1–15. 
252  Report  on  the  application  of  Regulation  (EU)  2015/751  on  interchange  fees  for  card-based  payment 
transactions of 29.6.2020, SWD (2020), 118 final.  
253 Case AT.40346 - Sovereign and Agency bonds. 
254 Case AT.40324 - European Governments Bonds. 

61 

 
                                                 
As for the second case, the Commission found that Bank of America, Natixis, Nomura, RBS 
(now NatWest), UBS, UniCredit and WestLB (now Portigon)  engaged in  a cartel  related to 
the  primary  and  secondary  market  for  European  Government  Bonds  (‘EGB').  They 
investment  banks  participated  in  the  cartel  through  a  group  of  traders  who  exchanged 
commercially  sensitive  information,  mainly  in  multilateral  chatrooms  on  Bloomberg 
terminals. The overall aim of the collaboration between the group’s traders was to help each 
other in their operation on the market by increasing transparency and reducing uncertainties 
regarding the issuing and/or trading of EGB. 

In  both  cases,  the  Commission  was  able  to  confirm  anticompetitive  behaviour  even  though 
operators  were  exchanging  sensitive  information,  coordinating  prices  and  aligning  their 
trading  activities  through  sophisticated  technological  tools,  such  as  multilateral  or  bilateral 
chat rooms on a specific platform for financial intermediaries. 

Moreover,  in  December  2021,  the  Commission  completed  its  cartel  investigation  into  the 
foreign exchange (‘Forex') spot trading market by imposing fines totalling EUR 344 million 
on  UBS,  Barclays,  RBS,  HSBC  and  Credit  Suisse255.  The  Commission's  investigation 
revealed  that  some  traders  in  charge  of  the  Forex  spot trading  of  G10  currencies,  acting  on 
behalf of the fined banks, exchanged sensitive information and trading plans, and occasionally 
coordinated their trading strategies through an online professional  chatroom  called  ‘Sterling 
Lads’.  Barclays,  HSBC,  RBS  and  UBS  acknowledged  their  involvement  in  the  cartel  and 
agreed  to  settle  the  case.  The  decision  against  Credit  Suisse  was  adopted  on  the  same  day 
under the normal procedure (a so-called ‘parallel hybrid’ settlement procedure).  

In  2021,  the  Commission  also  intensified  its  monitoring  as  regards  competition  in  the  EEA 
markets  for  proprietary  financial  market  data  in  light  of  informal  complaints  against 
incumbent primary suppliers allegedly applying abusive licensing practices.  The decision of 
international  financial  regulators  to  require  financial  contracts  to  be  based  on  so-called  risk 
free  rates  and  the  cessation  of  the  publication  of  certain  LIBORs  at  the  end  of  2021  have 
given rise to calls for guidance to ensure that “fall-back” design and roll out processes comply 
with EU competition law. As the Commission recognises that these voluntary fall-backs can 
play  a  key  role  in  ensuring  a  smooth  transition  to  alternative  rates  for  the  vast  number  of 
affected legacy contracts, it is willing to engage with organisations involved in designing such 
fall-back  systems  to  allow  them  to  determine  how  to  ensure  that  they  comply  with  EU 
competition  law,  while  continuing  monitoring  the  financial  markets  that  currently  rely  on 
IBORs.  

In the field of motor insurance, in 2021 the Commission continued its investigation into the 
conditions  of  access  to  the  Insurance  Link  data  pooling  system  administered  by  Insurance 
Ireland.  On  18  June  2021,  the  Commission  sent  a  Statement  of  Objections256  to  Insurance 
Ireland,  presenting  its  preliminary  concerns  that  Insurance  Ireland  arbitrarily  delayed  or  de 
facto denied access to the data pooling system to companies that had a legitimate interest in 
joining it, and that hurdles remain in place that  might affect companies seeking to  enter the 
Irish  motor  insurance  market.  This  may  have  the  effect  of  placing  these  companies  at  a 
competitive  disadvantage  on  the  Irish  motor  insurance  market  in  comparison  to  companies 
already having access to the database.  

255 Case AT.40135 – FOREX.  
256 https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3081 

62 

 
 
                                                 
In  2021,  the  Commission  continued  its  in-depth  investigation  as  a  matter  of  priority  to 
determine whether there has been a breach of EU competition rules by Apple  in connection 
with Apple Pay257. The investigation concerns Apple's terms, conditions and other measures 
for  integrating  Apple  Pay  in  merchant  apps  and  websites  on  iPhones  and  iPads,  Apple's 
limitation of access to the Near Field Communication (NFC) functionality (“tap and go”) on 
iPhones for payments in stores, and alleged refusals of access to Apple Pay. Apple Pay is a 
digital  mobile  wallet  operating  on  Apple  (iOS)  devices.  Based  on  the  Commission's 
preliminary  fact-finding,  Apple  appears  to  have  engaged  in  practices  that  may  distort 
competition among providers of digital mobile wallets and reduce choice and innovation. 

3.2.3. Merger investigations in the financial sector 

The Commission continued to ensure that concentrations in the financial sector do not lead to 
higher  prices,  lower  quality  products  or  services,  or  less  innovation  for  consumers.  The 
Commission assessed transactions across a variety of markets, including in particular payment 
services, financial data, and insurance provision and distribution.  

On  8  July  2021,  the  Commission  unconditionally  approved  the  creation  of  the  P27  joint 
venture  and  its  acquisition  of  Bankgirot,  by  six  Nordic  banks258.  P27  aims  at  building  the 
world’s  first  real-time,  cross-border  and  cross-currency  payment  system,  covering  multiple 
Nordic  countries.  The  Commission  found  that  the  transaction  would  not  raise  competition 
concerns,  as  the  number  of  providers  available  would  not  be  reduced,  and  the  applicable 
regulatory  requirements  would  prevent  P27  and  the  parent  banks  from  foreclosing  other 
players.  

Following  an  in-depth  investigation  opened  on  21  December  2020,  the  Commission 
conditionally approved the proposed acquisition of Willis Towers Watson by Aon259 on 9 July 
2021. The Commission found that the transaction as initially notified would have significantly 
impeded  competition  in  the  markets  for:  (i)  commercial  risk  brokerage  services  to  large 
multination customers based in the EEA for the risk classes concerning property & casualty, 
financial  and  professional,  and  cyber  risk;  (ii)  commercial  risk  brokerage  services  to 
customers  for  space  and  aerospace  manufacturing  risks;  (iii)  commercial  risk  brokerage  in 
national markets in the Netherlands and Spain; (iv) non-life treaty and facultative reinsurance 
brokerage services globally; and (v) pension administration services to companies in relation 
to pension schemes offered to their employees for the market in Germany.  

To  address  the  Commission’s  concerns,  Aon  committed  to  divest  to  rival  insurance  broker 
Gallagher  the  entire  commercial  risk  brokerage  country  organisations  of  Willis  Towers 
Watson in France, Germany, Spain and the Netherlands, Willis Towers Watson’s cyber risk 
brokerage business in the UK, a substantial set of additional customer contracts and personnel 
in  a number of EEA countries and internationally, Willis Towers Watson's entire brokerage 
business for the risk classes space and aerospace manufacturing; and Willis Towers Watson’s 
entire global treaty reinsurance and facultative reinsurance brokerage organisation. Aon also 
committed  to  divest  to  a  suitable  purchaser  Aon's  entire  German  retirement  benefits 
consulting  and  pension  administration  businesses,  as  well  as  Aon's  German  investment 
solutions business. 

257 Case AT.40452 - Apple - Mobile payments.  
258 Case M.9971 - P27 NPP / Bankgirot.  
259 Case M.9829 – Aon / Willis Towers Watson.  

63 

 
                                                 
On  22  October  2021,  the  Commission  authorised  the  acquisition  of  IHS  Markit  by  S&P 
Global260, both active in the provision of financial data and other financial services, subject to 
the  parties’  commitments  to  divest  businesses  in:  (i)  commodity  price  assessments,  (ii) 
identifiers, (iii) financial indices and (iv) leveraged loan market intelligence. The Commission 
was concerned that the transaction would otherwise have created or strengthened a dominant 
position in these markets or would otherwise  have harmed competition by leading to higher 
prices and less choice for customers.  

On  29  October  2021,  the  Commission  announced  the  opening  of  an  investigation  into  a 
possible breach of Article 21 of the EU Merger Regulation by Hungary. Hungary had vetoed 
the  acquisition  of  the  two  Hungarian  subsidiaries  of  AEGON  by  VIG,  both  active  in  the 
insurance  sector,  even  though  the  transaction  (including  the  acquisition  of  AEGON’s 
businesses  in  Romania  and  Poland)  had  already  been  unconditionally  approved  by  the 
Commission on 12 August 2021261.  

3.2.4. State aid investigations in the financial sector 

In  2021,  for  the  second  year  in  a  row,  there  were  no  new  individual  cases  of  State  aid  to 
financial  institutions.  This  confirms  that  the  EU  banking  sector  has  largely  overcome  the 
previous financial crisis and so far has managed to withstand the COVID-19 pandemic, also 
due  to  the  wide  range  of  aid  schemes  set-up  by  the  Member  States  to  support  the  real 
economy  and  approved  by  the  Commission  under  the  Temporary  Framework  for  State  aid 
measures, thus indirectly shielding banks from the consequence of a deep downturn.  

Nevertheless,  in  2021  the  Commission  authorised  the  prolongation  of  already  existing 
schemes  under  which  Member  States  can  provide  aid  to  foster  the  restructuring  or  orderly 
market exit of entities in distress in case of need.  

For Poland, the Commission authorised the extension of both the scheme for the liquidation 
of  credit  unions  (in  place  since  February  2014)262  and  the  scheme  for  the  resolution  of 
cooperative and small commercial banks (in place since December 2016)263. The Commission 
also approved the prolongation of the wind-down of the Polish “Bank Nowy BFG”, resulting 
from  the  resolution  of  the  cooperative  bank,  Podkarpacki  Bank  Spółdzielczy,  of  January 
2020264.  

For  Ireland,  the  Commission  authorised  two  prolongations  of  the  restructuring  scheme  for 
credit  unions  (in  place  since  October  2014)265  and  the  extension  of  the  orderly  winding-up 
scheme for credit unions (in place since December 2011)266.  

For Denmark, the Commission approved the prolongation of the orderly winding-up scheme 
for small banks (in place since August 2017)267.  

260 Case M.10108 - S&P Global / IHS Markit. 
261 Case M.10102 - VIG / AEGON CEE. 
262 Case SA.63002 – Poland - Eleventh prolongation of the Credit Unions Orderly Liquidation Scheme. 
263  Case  SA.64522  –  Poland  -  Sixth  prolongation  of  the  resolution  scheme  for  cooperative  banks  and  small 
commercial banks. 
264 Case SA.63965 – Poland - Deferral of the formal liquidation of Bank Nowy BFG. 
265  Cases  SA.62303  –  Ireland-  13th  prolongation  of  the  Credit  Union  restructuring  and  stabilisation  scheme; 
SA.100030  –  Ireland  - 14th Prolongation  of  the  Restructuring  and Stabilisation  Scheme  for  the  Credit  Union 
Sector. 
266 Case SA.62649 – Ireland - 17th prolongation of the Credit Union Resolution Scheme 2020-2021. 

64 

 
                                                 
The Commission also approved the prolongation of a bank guarantee scheme (in place since 
November  2008)  to  address  potential  challenges  related  to  banks’  liquidity  situation  in 
Greece268.  

The  Commission  also  authorised  indirect  aid  to  financial  institutions  in  schemes  primarily 
geared at providing social support to vulnerable households at risk of losing their home due to 
difficulties  in  mortgage  repayments.  In  Cyprus,  the  Commission  authorised  a  new  such 
scheme (“OIKIA”)269, while in Greece, it authorised the prolongation of an existing scheme, 
approved  in  2019270.  In  both  cases,  the  schemes  set  strict  eligibility  criteria  in  terms  of  the 
value  of  the  primary  residence  and  income  of  the  borrower  to  ensure  support  is  targeted  at 
those most in need. 

In  addition,  the  Commission  approved  the  prolongation  of  market-consistent  guarantee 
schemes  for  the  securitisation  of  non-performing  loans  (NPLs).  Through  these  schemes, 
Members States are allowed to help banks clean up their balance sheets without granting aid 
or  distorting  competition.  For  Greece,  the  Commission  allowed  the  prolongation  of  the 
Hellenic Asset Protection Scheme (“Hercules”), in place since October 2019271. For Italy, the 
Commission allowed the prolongation of the Fondo di Garanzia sulla Cartolarizzazione delle 
Sofferenze (“GACS”), in place since February 2016272. 

The Commission also found that Sweden’s legislative proposal to introduce a risk tax on large 
credit institutions did not constitute State aid273. 

To complement  commercial financing provided  by lending  institutions or investment  funds, 
Member States can support young SMEs and start-ups typically suffering from limited access 
to  finance  to  grow  and  develop  their  full  potential  in  the  face  of  asymmetric  information 
available to investors. These measures can either be directly implemented by Member States 
if  they  fall  under  the  GBER274,  or  structured  as  notifiable  schemes  under  the  Guidelines on 
State aid to promote risk finance investments (Risk Finance Guidelines)275. In this respect, the 
Commission approved in  2021 a modification of the existing risk finance scheme in  France 
(for  the  period  2020-2025)276.  The  Commission  also  approved  a  pricing  methodology  for 
market-conform  guarantees  to  be  provided  by  the  Portuguese  development  bank  (Banco 
Português  de  Fomento)  to  small-  and  medium-sized  enterprises277.  By  decision  of  2 

267 Case SA.58478, Denmark – Third prolongation of the winding-up scheme for small banks. 
268 Case SA.59030 – Greece - Prolongation of the Liquidity Guarantee Scheme for banks. 
269 Case SA.63005 – Cyprus - Scheme for the management of loans granted under Government Housing Plans 
(OIKIA Scheme).  
270 Case SA.100197 – Greece - Extension of SA.58555 "Temporary primary residence protection scheme". 
271 Case SA.62242 – Greece - Prolongation of the Hercules scheme. 
272 Case SA.62880 – Italy - Fourth prolongation of the Italian guarantee scheme for the securitisation of non-
performing loans. 
273 Case SA.56348 – Sweden - Swedish tax on credit institutions. 
274 Commission Regulation (EU) No 651/2014 of 17.6.2014, OJ L 187 26.6.2014, p. 1, as amended. 
275 Communication from the Commission — Guidelines on State aid to promote risk finance investments, OJ C 
19, 22.1.2014, p. 4, as prolonged. 
276 Case SA.59985 – France - Modification de la décision Aide d’État SA. 55869 (2019/N) : Dispositif IR-PME 
pour les investissements dans les FCPI et FIP. 
277 Case SA.61340 – Portugal - Pricing model proposed for guarantee schemes under the SNGM (Sistema 
Nacional de Garantia Mutua). 

65 

 
                                                                                                                                                         
December 2021, the Commission approved a EUR 11.2 million capital increase for the Fund 
Manager of Financial Instruments in Bulgaria (FMFIB)278. 

In July 2021, the Commission widened the scope of the General Block Exemption Regulation 
to cover aid granted through national funds for projects also supported by certain EU centrally 
managed  programmes  (primarily  the  InvestEU  programme),  and  aid  to  support  the  twin 
transition to a green and digital economy that will also help the recovery from the effects of 
the COVID-19 pandemic279.  

Moreover,  following  a  stakeholders’  consultation  on  the  draft  revised  rules280,  the 
Commission adopted on 6 December 2021 both the revised Short-term export credit insurance 
(STEC)  Communication281  and  the  Risk  Finance  Guidelines282.  In  particular,  the  new  Risk 
Finance Guidelines introduce simplified requirements for the assessment of schemes targeting 
exclusively  start-ups  and  SMEs  before  their  first  commercial  sale  and  clarify  the  level  of 
evidence required to demonstrate a specific market failure or other relevant obstacle to access 
to finance.  

Finally, the Commission has announced its plans to launch an evaluation of the State aid rules 
for  banks  in  difficulty  in  2022283,  in  the  broader  context  of  the  review  of  the  crisis 
management and deposit insurance framework launched by the Commission in 2021. 

4. BASIC INDUSTRIES AND MANUFACTURING 

4.1 Overview of key challenges in the sector 

Making  up  more  than  20%  of  the  EU’s  economy,  manufacturing  is  a  driver  of  growth  and 
innovation  and  employs  around  35  million  people,  that  is  to  say  more  than  20%  of  the  EU 
workforce. The two million companies active in the sector face substantial challenges, in the 
form  of  trade  tensions,  the  introduction  of  advanced  technologies  and  the  need  to  radically 
adapt  their  practices  to  make  them  climate  friendly.  This  has  been  exacerbated  by  the 
COVID-19  pandemic,  which  has  led  to  disruptions  in  supply  chains,  price  increases, 
difficulties in sourcing raw materials  and components as well as substantial changes in both 
working practices and demand patterns.  

The RRF along with the European Green Deal and a New Industrial Strategy for Europe, aim 
to  address  these  challenges  by  supporting  the  competitiveness  of  the  EU  businesses  and 
boosting investment during the recovery from the pandemic and the transition to a digitalised 
and  clean  economy.  Enforcing  antitrust  and  merger  rules  in  the  manufacturing  and  basic 
industries sectors contributes to this transformation, in particular by ensuring that innovation 
is  not  hampered  and  that  firms  can  compete  on  fair  and  equal  terms.  Meanwhile,  the 
application of State aid rules ensures that purely national interests do not distort competition, 

278 Case SA.61100 – Bulgaria - FMFIB Capital Increase. 
279 See Commission Press Release, 23.7.2021, available at: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3804.  
280 See https://ec.europa.eu/competition-policy/public-consultations/2021-revision-stec_en and 
https://ec.europa.eu/competition-policy/public-consultations/2021-risk-finance_en. 
281 Communication from the Commission on the application of Article 107 and 108 of the Treaty on the 
Functioning of the European Union to short-term export credit insurance, OJ C 497, 10.12.2021, p. 5–13. 
282  Communication  from  the  Commission,  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C 
508, 16.12.2021, p. 1–36. 
283 See Annex of COM(2021) 713 final of 18.11.2021. 

66 

 
                                                 
that loss-making companies are not  kept artificially  alive with  continuous public funding to 
the  detriment  of  more  efficient  competitors,  and  that  public  funding  is  directed  towards 
research, training and energy efficiency.  

4.2 Contribution of EU competition policy to tackling the challenges 

4.2.1. Antitrust investigations in basic industries and manufacturing 

Manufacturing  and  consumer  goods  industries  continue  to  represent  a  focal  point  of  the 
Commission’s  enforcement  practice.  In  2021,  the  Commission  continued  its  lines  of  action 
(including  individual  casework,  market  surveillance  and  advocacy)  in  these  sectors.  In  June 
2021, the Commission conducted inspections in the sector of manufacturing and distribution 
of garments in Germany284. It also engaged with stakeholders on the potential application of 
the antitrust rules to co-operative crisis schemes. At the same time, it continued to monitor the 
aftermarkets  in  manufacturing  industries,  to  ensure  that  competition  is  not  reduced  to  the 
overall detriment of consumers. 

4.2.2. Merger investigations in basic industries and manufacturing 

On  18  March  2021,  the  Commission  approved  the  acquisition  of  Eaton  Hydraulics  by 
Danfoss, subject to commitments285. Both companies are leading global suppliers of hydraulic 
components  used  in  machinery  for  the  agricultural,  industrial  and  construction  industries. 
Following  an  in-depth  investigation,  the  Commission  was  concerned  that  the  transaction 
could have resulted in less choice and higher prices for certain hydraulic components, namely 
hydraulic steering units,  electrohydraulic steering valves, and orbital motors. To address the 
Commission’s  concerns,  Danfoss  offered  to  divest  three  manufacturing  plants  located  in 
Wroclaw (Poland), Parchim (Germany) and  Hopkinsville (US), complemented by a transfer 
of  further  production  lines  and  technology.  These  commitments  fully  address  the 
Commission’s competition concerns and ensure that downstream manufacturers of machinery 
can continue to benefit from competitive prices and have choice of innovative components for 
their products.  

On  23  December  2019,  EssilorLuxottica  notified  its  planned  acquisition  of  GrandVision  to 
the  Commission.  EssilorLuxottica  is  the  largest  global  eyewear  company,  active  in 
sunglasses, lenses and frames. It owns or operates several well-known brands in the eyewear 
universe such as Ray-Ban, Oakley and Chanel. It is also present with optical retail chains in 
various European countries. GrandVision is a globally active eyewear retailer, which operates 
some  of  the  largest  optical  chains  throughout  Europe,  such  as  GrandOptical  and  Pearle. 
Following  an  in-depth  investigation,  the  Commission  was  concerned  that  the  unparalleled 
brand  portfolio  of  EssilorLuxottica,  combined  with  GrandVision’s  leading  presence  in  the 
retail distribution of these products, could worsen rival opticians’ access to EssilorLuxottica’s 
products  in  Belgium,  Italy  and  the  Netherlands.  To  address  the  Commission’s  concerns, 
EssilorLuxottica  offered  to  divest  part  of  its  retail  operations  in  these  Member  States.  The 
Commission  cleared  the  acquisition  of  GrandVision  by  EssilorLuxottica  –  subject  to  the 
conditions outlined above – on 23 March 2021286. Through this intervention, the Commission 
ensured that competition at the optical retail level remains vibrant, to the benefit of customers 
in these countries. 

284 See press release of 22.6.2021 at https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3145. 
285 Case M.9820 - Danfoss / Eaton Hydraulics. 
286 Case M.9569 – EssilorLuxottica / Grandvision. 

67 

 
                                                 
In  the  crop  protection  industry,  the  Commission  authorised  on  11  February  2021  the 
acquisition  of  Belchim  by  Mitsui,  subject  to  a  number  of  conditions287.  These  conditions 
were:  (i)  Mitsui’s  transfer  of  its  distribution  agreement  and  customer  relationships  for  its 
potato  plant  growth  regulators  (used  to  prevent  or  control  sprouting  in  stored  potatoes)  for 
Germany, Poland, Denmark, Sweden, Norway and Finland; and (ii) Belchim’s transfer of its 
distribution  agreement  and  relevant  data  and  agreements  for  its  paraffinic  oils  for  virus 
control  in  seed  potatoes  and  flower  bulbs  (used  to  control  viruses)  in  the  Netherlands.  The 
Commission found that the transaction as originally notified would have significantly reduced 
competition and could have led to higher prices in the relevant countries for the supply of the 
abovementioned products. Through its intervention, the Commission ensured that customers 
of plant growth regulators and of paraffinic oils for virus control continue to have sufficient 
choice in the relevant countries. 

In 2021 the Commission continued its investigation into and, on 13 January 2022, ultimately 
prohibited the acquisition of Daewoo Shipbuilding & Marine Engineering CO., Ltd (DSME) 
by Hyundai Heavy Industries Holdings (HHIH)288. Both companies are global leaders in the 
construction  of  large  liquefied  gas  (LNG)  carriers  (LLNGCs),  and  two  of  the  three  largest 
players in this very concentrated market. The Commission found that the merger would have 
created  a  dominant  position,  reduced  choice  in  suppliers  and  led  to  higher  prices  for  EU 
customers in the global market for the construction of LLNGCs, which are very sophisticated, 
difficult to build and expensive vessels. The Commission based its findings on considerations 
such as the parties’ very high and increasing market shares, the fact that there are already very 
few alternatives for customers and that for a shipbuilder to successfully enter or expand in this 
market is extremely difficult. The parties did not formally offer commitments to address the 
Commission’s  concerns.  The  Commission  preserved  effective  competition  in  the  LLNGC 
market to the benefit of EU customers (which account for almost 50% of all orders for such 
vessels in the past five years).  

On  3  May  2021,  the  European  Commission  fined  Sigma-Aldrich  EUR  7.5  million  for 
providing  incorrect  or  misleading  information  during  the  Commission’s  investigation  of 
Merck’s  acquisition  of  Sigma-Aldrich289.  The  Commission  had  approved  that  acquisition in 
2015 subject  to  the divestiture of certain  Sigma-Aldrich assets,  which sought  to  address  the 
competition  concerns  identified  in  markets  for  specific  laboratory  chemicals.  However,  the 
Commission  subsequently  found  evidence  that  Sigma-Aldrich  had  failed  to  disclose  the 
existence of an innovation project at the time of remedy discussions, despite it being material 
for  the  Commission’s  investigation.  Based  on  Sigma-Aldrich’s  contemporaneous  internal 
documents  and  other  evidence,  the  Commission  concluded  that  Sigma-Aldrich  had  acted 
intentionally or at least by negligence. The decision underscores that the provision of correct 
and  complete  information  is  a  cornerstone  of  the  EU’s  merger  control  regime  and  that 
merging parties must disclose all potentially relevant information to the Commission, or risk a 
fine.  

4.2.3.  State  aid  investigations  in  basic  industries  and  State  aid  for  the  rescue  and 
restructuring of companies in difficulties 

Next  to  a  constantly  high  number  of  decisions  linked  to  the  COVID-19  pandemic,  the 
enforcement  was  centred  on  the  assessment  of  several  significant  rescue  and  restructuring 

287 Case M.9686 – Mitsui / Belchim Crop Protection.  
288 Case M.9343 - Hyundai Heayv Industries Holdings / Daewoo Shipbuilding & Marine Engineering. 
289 Case M.8181 – Merck / Sigma-Aldrich. 

68 

 
                                                 
operations, with a particular focus on the airline sector (see below under 7.2.2. State aid to the 
aviation sector). 

In  addition,  in  December  2021,  the  Commission  adopted  a  decision  approving  Croatia's 
restructuring aid to mechanical engineering company Ðuro Ðaković d.d. for a total amount of 
EUR 57.4 million290. The core business of the company is the manufacture of freight wagons 
for  special  purposes.  After  approving  rescue  aid  to  the  company  in  May  2020,  Croatia 
submitted  a  plan  for  Ðuro  Ðaković  to  finance  its  restructuring  and  restore  its  long-term 
viability  with  the  support  of  a  private  investor,  a  consortium  of  Czech  companies  DD 
Acquisition, who will become the controlling shareholder of Đuro Đaković. The Commission 
found that the aid is appropriate, that it supports a comprehensive restructuring plan running 
until  the  end  of  2023,  and  proportionate,  with  an  own  contribution  of  over  50%  of  the 
restructuring costs provided by the company and the investor at market terms. Also, measures 
are  provided  to  limit  potential  distortions  of  competition  on  the  market  for  freight  wagons 
where the company operates. 

5. 

AGRI-FOOD INDUSTRY  

5.1 Overview of key challenges in the sector 

The resilience of food supply chains continued being tested in 2021 as a consequence of the 
COVID-19  pandemic.  The  rise  in  energy  prices  in  Europe  towards  the  end  of  2021, 
particularly for natural gas, has already caused a significant increase of prices for fertilisers. 
The prices of raw materials and the costs of freight have also sharply increased. As a result, 
global food prices towards the end of 2021 were at their highest levels since 2011 according 
to the FAO Food Price Index291.  

While  the  EU’s  food  supply  chain  has  overall  shown  its  resilience  during  the  ongoing 
pandemic, some specific sectors, products, and groups of workers have had to sustain higher 
levels  of  pressure  from  the  crisis.  Challenges  in  storage  of  production,  for  example  in 
aquaculture  reinforced  this  pressure,  as  did  the  reduction  in  demand  for  these  sectors’ 
products, in particular from the restaurant and catering sector. 

These challenges add to already existing, longer-term challenges for the European agri-food 
industry, namely (i) increased competition from supply inside as well as outside Europe, (ii) 
higher  and  changing  demands  from  end  consumers  in  terms  of  qualitative  aspects  such  as 
health, animal welfare, variety and improved traceability and (iii) higher investment needs to 
mitigate the impact of the agri-food value chain on the air, soil and water pollution, the GHG 
emissions.  

Coupled  with  certain  characteristics  of  the  EU  agricultural  sector,  such  as  low  levels  of 
concentration, small size and weaker bargaining power vis-à-vis food processors, wholesalers 
and retailers, it is  more difficult  for the sector to cope with  these challenges. Moreover, the 
issue of generational renewal in farming continues to pose a structural risk to the viability of 
the  EU  agricultural  sector  in  the  long  term,  despite  the  positive  impact  of  Common 

290 Case SA.58248 – Croatia - Restructuring aid to Đuro Đaković.  
291 The  FAO  Food  Price  Index is  a  measure  of  the  monthly  change  in  international  prices  of  a basket  of  food 
commodities, available at: https://www.fao.org/worldfoodsituation/foodpricesindex/en/.  

69 

 
                                                 
Agricultural Policy funds292. 

5.1.1. The reform of the Common Agricultural Policy (“CAP”) for the period 2023-2027 

In  December  2021  the  co-legislators  adopted  the  reform  of  the  CAP  for  the  period  2023-
2027293.  The  new  rules  include  clarifications  of  certain  competition  rules  and  two  new 
derogations  from  the  scope  of  the  application  of  the  competition  rules.  The  first  derogation 
extends  to  all  products  with  a  protected  geographical  indication  (protected  designation  of 
origin  -  PDO  or  protected  geographical  indication  -  PGI)  and  introduces  the  possibility  to 
jointly fix quantities produced for a given geographical indication294.  

The  second  derogation  allows  agreements  concluded  by  agricultural  producers  (alone  or 
together  with/  other  actors  from  the  supply  chain)  and  aimed  at  achieving  sustainability 
objectives  such  as  climate  change  mitigation  and  adaptation,  reduction  of  the  use  of 
pesticides,  animal  welfare,  etc.,  whenever  such  agreements  aim  to  apply  a  sustainability 
standard higher than mandated by EU or national law295. 

A  key  condition  set  by  the  co-legislators  is  that  such  agreements  should  impose  only 
restrictions of competition that are indispensable for the attainment of the standard(s) at stake. 
The Commission and national competition authorities may decide to modify or terminate an 
agreement where this is necessary to prevent competition from being excluded or the pursuit 
of the objectives set out in Article 39 TFEU being jeopardised. The Commission shall issue 
guidelines  for  operators  concerning  the  conditions  for  the  application  of  this  derogation  by 
December 2023.  

5.1.2. Challenges for the proper functioning of the Single Market 

A  first  challenge  for  the  proper  functioning  of  the  Single  Market  is  the  existence  of 
protectionist agremeents in certain national markets. Operators in some national markets (for 
example retailers alone or together with other levels of the supply chain) sometimes agree on 
giving preference to domestic products even though this preference is not based on objective 
criteria (for example quality, specific traits, etc.) of the products. This preference is sometimes 
promoted  through  the  labelling  of  origin  of  domestic  products,  notwithstanding    the 
mandatory labeling requirements for certain products and foodstuffs.296. Such discrimination 
based  on  nationality  hurts  the  fundamental  principle  of  the  EU  to  give  a  fair  chance  to  all 
producers inside the EU independently of their origin. The Commission, in coordination with 
NCA,  has  investigated  a  number  of  agreements  in  2021  concluded  between  supermarket 

292  See  for  example  the  Evaluation  of  the  impact  of  the  CAP  on  generational  renewal,  local  development  and 
jobs in rural areas, SWD(2021) 78 final.  
293 Regulation (EU) 2021/2117 of 2.12.2021, OJ L 435, 6.12.2021, p. 262–314. 
294 Article 166a of Regulation Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 
17  December  2013  establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing 
Council  Regulations  (EEC)  No  922/72,  (EEC)  No  234/79,  (EC)  No  1037/2001  and  (EC)  No  1234/2007  as 
amended by Article 1 paragraph 49 of (EU) 2021/2117 of 2.12.2021, OJ L 435, 6.12.2021. 
295  Article  210a  of  Regulation  (EU)  No  1308/2013  of  the  European  Parliament  and  of  the  Council  of  17 
December  2013  establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing 
Council  Regulations  (EEC)  No  922/72,  (EEC)  No  234/79,  (EC)  No  1037/2001  and  (EC)  No  1234/2007  as 
amended by Article 1 paragraph 60 of Regulation (EU) 2021/2117 of 2.12.2021, OJ L 435, 6.12.2021. 
296  For  certain  products  and  foodstuffs  the  indication  of  the  country  of  origin  or  place  of  provenance  is 
mandatory  to  benefit  consumers.  In  addition,  geographical  indications  (GIs)  help  to  identify  products  having 
characteristics or reputation due to natural or human factors linked to the place of origin. Thereby GIs as a form 
of intellectual property rights help to promote fair competition by preventing bad-faith use. 

70 

 
                                                 
chains  or  between  representatives  of  operators  along  the  supply  chain.  As  a  result  of  these 
investigations,  in  most  cases  the  terms  of  the  agreements  were  modified  or  the  agreements 
were terminated. 

5.2. EU competition policy’s contribution to the functioning of the Single Market 

5.2.1. The application of the EU State aid rules in the agricultural and fishery sector 

State  aid  to  promote  the  economic  development  of  the  agricultural  and  forestry  sectors  is 
embedded  in  the  broader  Common  Agricultural  Policy  (CAP)  and  in  particular  the  rural 
development policy. Similarly, State aid to promote the economic development of the fishery 
and  aquaculture  sectors  is  closely  linked  to  the  Common  Fishery  Policy  (CFP)  and  in 
particular  to  EU  support  granted  under  the  European  Fisheries,  Maritime  and  Aquaculture 
Fund (EMFAF). The economic effects of State aid do not change depending on whether it is 
(even  partially)  financed  by  the  EU,  or  whether  it  is  financed  by  a  Member  State  alone. 
Consequently, the use of State aid can only be justified if it is in line with the CAP and the 
CFP  and  meets  the  underlying  objectives  of  those  policies  in  terms  of  ensuring  viable  food 
production  and  promoting  the  efficient  and  sustainable  use  of  resources  in  order  to  achieve 
intelligent and sustainable growth, including economic, social and employment benefits.  

The Commission has set up specific frameworks of rules for State aid in agriculture, forestry, 
fishery  and  aquaculture.  Most  of  those  rules  are  long-standing  and  have  proven  their 
relevance over the years. However, State aid rules are limited in time and the current State aid 
rules  will  expire  at  the  end  of  2022.  The  ongoing  review  comprises  the  Agricultural  Block 
Exemption Regulation (ABER)297, the State aid Guidelines for agriculture, forestry and rural 
areas298, the Fisheries Block Exemption Regulation (FIBER)299, the Regulation on de minimis 
aid  in  the  fishery  and  aquaculture  sector300  and  the  State  aid  Guidelines  for  fishery  and 
aquaculture301.  The  Regulation  on  de  minimis  aid  in  the  agricultural  sector302  was  already 
revised in 2019 and is not, therefore, part of the ongoing revision. 

In 2021, the Commission continued to assess notifications on State aid by Member States and 
adopted  a  total  of  198  decisions303  in  agriculture,  forestry,  fishery  and  aquaculture  and 
continued  to  advise  Member  States’  authorities  on  how  to  interpret  and  implement  the 

297 Commission Regulation (EU) No 702/2014 of 25.6.2014 declaring certain categories of aid in the agricultural 
and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 
of the Treaty on the Functioning of the European Union, OJ L 193, 1.7.2014, p. 1. 
298 Commission Communication: European Union guidelines for State aid in the agricultural and forestry sectors 
and in rural areas 2014-2020, OJ C 204, 1.7.2014, p. 1. 
299 Commission Regulation (EU) No 1388/2014 of 16.12.2014 declaring certain categories of aid to undertakings 
active  in  the  production,  processing  and  marketing  of  fishery  and  aquaculture  products  compatible  with  the 
internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union, 
OJ L 369, 24.12.2014, p. 37. 
300 Commission Regulation (EU) No 717/2014 of 27.6.2014 on the application of  Articles 107 and 108 of the 
Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector, OJ L 
190, 28.6.2014, p. 45. 
301  Commission  Communication:  Guidelines  for  the  examination  of  State  aid  to  the  fishery  and  aquaculture 
sector, OJ C 217, 2.7.2015, p. 1. 
302 Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 
of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector, OJ L 352, 
24.12.2013, p. 9.  
303 This includes decisions not to raise objections, decisions to initiate the formal investigation procedure as well 
as corrigenda or correcting decisions. 

71 

 
                                                 
applicable State aid rules. The Commission also continued to check all new block exempted 
measures designed by Member States under the existing ABER prior to their entry into force 
(in total 418) and advised Member States in case of any doubts or problems, thereby enabling 
them to implement the corresponding aid schemes quickly. 

5.2.2. . Investigation into possible restrictions of parallel trade 

In  2021  the  Commission  continued  its  ex-officio  investigations  into  possible  restrictions  of 
parallel  trade  of  food  products.  In  January  2021,  it  initiated  proceedings  against  Mondelez 
regarding a number of potentially restrictive practices on the markets for chocolate, biscuits 
and  coffee  products304.  It  also  carried  out  other  investigations,  for  instance  in  the  drinks 
sector.  Such  enforcement  is  aimed  at  ensuring  lower  prices  for  consumers  on  the  relevant 
markets as well as a wider choice of products offered. 

5.2.3. Buying alliances and competition in retail trade in the single market 

In 2021 the Commission has continued its antitrust investigation, opened in November 2019, 
against  two  large  French  retailers,  Casino  and  Les  Mousquetaires/Intermarché,  regarding 
potential collusion built around their purchasing alliance, and consisting in a coordination on 
shop development and on prices towards final consumers305.  

With  such  investigations,  the  Commission  seeks  to  address  an  EU-wide  systemic  risk  of 
collusion  through  buying  alliances  both  at  national  and  international  level.  The  risk  of 
exchanges of information reducing competition has been made more acute since retailers have 
often  changed  partners  in  these  alliances,  and  specialised  managers  have  been  moving 
between  retailers  and  alliances,  thus  providing  multiplied  opportunities  for  retailers  to 
collude. 

The Casino & Intermarché alliance case is subject to court proceedings. On 5 October 2020 
the  General  Court  had  ruled  on  the  legality  of  the  2017  inspection  decisions  of  the 
Commission  in  three  cases306.  The  companies  concerned  appealed  the  judgements  to  the 
CJEU.  

6. PHARMACEUTICAL AND HEALTH SERVICES SECTORS  

6.1 Overview of key challenges 

Patients’ access to effective, innovative and affordable medicines forms one of the pillars of 
the  Commission’s  new  Pharmaceutical  Strategy  for  Europe307.  Contributing  to  these 
objectives,  the  Commission  and  the  competition  authorities  of  the  Member  States  have 
continued  to  vigorously  enforce  EU  competition  rules  in  the  pharmaceutical  and  healthcare 
sectors in 2021. Such enforcement complements the regulatory frameworks in these sectors, 

304 Case AT.40632 - Mondelez trade restrictions. 
305 Case AT.40466 - Alliance Casino & Intermarché. 
306  Judgments  of  the  General  Court  of  5.10.2020,  T-249/17,  Casino,  Guichard-Perrachon  and  Achats 
Marchandises  Casino  SAS  (AMC)  v  Commission,  EU:T:2020:458;  T-254/17,  Intermarché  Casino  Achats  v 
Commission,  EU:T:2020:459  and  T-255/17,  Les  Mousquetaires  and  ITM  Entreprises  v  Commission, 
EU:T:2020:460. The judgments are under appeal to the Court of Justice (C-690/20 P; C-693/20 P and C-682/20 
P). 
307 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions Pharmaceutical Strategy for Europe COM (2020) 761 final 
25.11.2020. 

72 

 
                                                 
and  fosters  both  dynamic  competition,  which  leads  to  more  innovative  medicines,  and 
effective  price  competition,  which  in  turn  contributes  to  more  affordable  and  accessible 
medicines and treatments.  

6.2 Contribution of EU competition policy  

6.2.1. Antitrust enforcement in the pharmaceutical sector 

In  February  2021,  the  Commission  adopted  its  first  excessive  pricing  decision  in  the 
pharmaceutical  sector  in  the  Aspen  case308.  The  decision  makes  binding  Aspen’s  ten-year 
price  commitment  for  a  range  of  cancer  medicines  in  Europe  (except  Italy),  effectively 
reducing  prices  for  these  medicines  on  average  by  73%.  The  Commission  continues 
monitoring the implementation of the commitments by the company.  

The Commission is also scrutinising potentially anticompetitive unilateral practices hindering 
the  entry  or  expansion  of  cheaper  products  (for  example,  generics  or  biosimilars)  following 
the loss of exclusivity of the original product. In March 2021, the Commission opened a new 
investigation into a potential abuse of a dominant position by Teva due to a suspected misuse 
of the patent system as well as a disparagement campaign to foreclose competitors309.  

In  addition,  the  Commission  also  carried  out  unannounced  inspections  in  the  animal  health 
sector310  and  is  investigating  complaints  and  market  information  regarding,  in  particular, 
conduct that hinders the entry or uptake of competing products311.  

Lundbeck judgment312 
In Lundbeck, the CJEU fully confirmed the Commission’s approach313 to pay-for-delay agreements in 
the context of patent disputes. In these agreements, a pharmaceutical company offers transfers of value 
to  producers  of  generic  medicines  to  induce  them  to  abandon  or  delay  their  independent  efforts  to 
enter the market. 
In 2002, Lundbeck had concluded a number of agreements with different generic companies regarding 
generic  versions  of  Lundbeck's  branded  citalopram,  a  blockbuster  antidepressant.  The  generic 
companies agreed with Lundbeck not to enter the market in return for substantial cash payments and 
other inducements from Lundbeck amounting to tens of millions of euros. Lundbeck internally spoke 
about a "club" being formed and "a pile of $$$" to be shared with the generics producers.  
The  CJEU  upheld  the  Commission’s  assessment  that  such  pay-for-delay  agreements  constituted 
restrictions by object, because the value transfers could not have had any other explanation than the 
interest of the parties not to engage in competition on the merits. The CJEU also confirmed that at the 
time of the agreements, Lundbeck and the generic companies were potential competitors, because they 

308 Case AT.40394 - Aspen.  
309 Case AT.40588 - Teva Copaxone. See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1022  
310 See https://ec.europa.eu/commission/presscorner/detail/en/ip_21_5543.  
311  In  some  cases,  after  investigative  steps  taken  by  the  Commission,  the  companies  concerned  abandoned  or 
changed  the  investigated  practices,  see,  for  instance,  case  AT.40731  Quidel:  diagnostic  testing  kits,  where  a 
long-lasting  non-compete  obligation  concerning  cardiovascular  disease  testing  kits  was  removed,  and  case 
AT.40576  –  Lonza,  where  alleged  exclusionary  practices  in  the  contract  development  and  manufacturing  of 
biological medicines were discontinued. 
312  Judgments  of  the  Court  of  Justice  of  25.3.2021,  C-586/16  P,  Sun  Pharmaceutical  Industries  and  Ranbaxy 
(UK) v Commission, EU:C:2021:241; C-588/16 P, Generics (UK) v Commission, EU:C:2021:242; C-591/16 P, 
Lundbeck  v  Commission,  EU:C:2021:243;  C-601/16  P,  Arrow  Group  and  Arrow  Generics  v  Commission, 
EU:C:2021:244;  C-611/16  P,  Xellia  Pharmaceuticals  and  Alpharma  v  Commission,  EU:C:2021:245  and  C-
614/16 P, Merck KGaA v Commission, EU:C:2021:246. 
313 Commission Decision C(2013) 3803 final of 19.6.2013 relating to a proceeding under Article 101 TFEU and 
Article 53 of the EEA Agreement (Case AT.39226 – Lundbeck). 

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had real and concrete possibilities of entering the market and competing with Lundbeck, and did not 
face any insurmountable entry barriers. 

6.2.2. Merger review in the pharmaceutical sector 

The Commission continued to ensure that concentrations in the pharmaceutical sector do not 
lead to consumers paying higher prices, having less choice or reduced innovation.  

On  19  February  2021,  the  Commission  approved  the  acquisition  of  Varian  by  Siemens, 
subject to interoperability commitments between: (i) its medical imaging solutions and rivals' 
radiotherapy solutions; and (ii) its radiotherapy solutions and rivals’ imaging solutions.314 The 
Commission found that the transaction as originally notified would have harmed competition 
by  foreclosing  competitors  in  the  EEA  and  UK  markets  for  the  supply  of  medical  imaging 
solutions and radiotherapy solutions. In particular, the Commission's investigation found that 
the combination of Siemens, the largest supplier of medical imaging solutions, with Varian, 
the  largest  supplier  of  radiotherapy  solutions,  could  lead  to  foreclosure  of  the  parties'  rivals 
through the degradation of the interoperability. 

On 5 July 2021, the Commission approved the acquisition of Alexion by AstraZeneca, both 
global pharmaceutical companies315. Alexion focuses on the treatment of rare diseases, whilst 
AstraZeneca  focuses  on  common  diseases.  The  transaction  gave  rise  to:  (i)  horizontal 
overlaps  between  AstraZeneca's  and  Alexion's  pipeline  drugs  for  the  treatment  of  lupus 
nephritis, follicular lymphoma and peripheral T-cell lymphoma; and (ii) a vertical link related 
to  the  manufacture  of  Uplizna,  a  drug  for  the  treatment  of  various  rare  diseases.  The 
Commission  found  that  the  proposed  acquisition  would  raise  no  competition  concerns 
because of its limited impact on the markets concerned. 

On  19  April  2021,  the  Commission  accepted  a  request  from  France,  joined  by  Belgium, 
Greece,  Iceland, the Netherlands  and Norway, to  assess the proposed acquisition of GRAIL 
by Illumina under the EU Merger Regulation. Illumina is a leading supplier of short-read next 
generation  sequencing  systems  for  genetic  and  genomic  analysis.  GRAIL  is  a  customer  of 
Illumina, and develops cancer detection tests relying on short-read next generation sequencing 
systems.  The  proposed  transaction  did  not  meet  the  turnover  thresholds  of  the  EU  Merger 
Regulation, and was not notified in any Member State, but met the criteria for referral under 
Article 22 of the EU Merger Regulation.  

On  22  July  2021,  the  Commission  opened  an  in-depth  investigation  in  the  proposed 
acquisition of GRAIL by Illumina316. The Commission had serious doubts that the proposed 
acquisition  could  reduce  competition  and  innovation  in  the  emerging  market  for  the 
development  and  commercialisation  of  cancer  detection  tests  based  on  short-read  next-
generation sequencing technologies. 

On  18  August  2021,  Illumina  publicly  announced  that  it  had  completed  its  acquisition  of 
GRAIL,  while  the  Commission's  review  of  the  proposed  transaction  was  still  pending.  The 
Commission opened an investigation to assess a possible imposition of a fine for a breach of 

314 Case M.9945 – Siemens Healthineers / Varian Medical Systems. Commission Decision of 19.2.2021. See: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_9945.  
315 Case M.10165 – AstraZeneca / Alexion Pharmaceuticals . Commission Decision of 5.7.2021. See: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10165.  
316 Case M.10188 – Illumina / GRAIL; Commission Decision of 22.7.2021.  
See: https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_9945. 

74 

 
                                                 
the standstill obligation. On 29 October 2021, the Commission adopted interim measures to 
restore  and  maintain  the  conditions  of  effective  competition  following  Illumina's  early 
acquisition  of  GRAIL317.  This  is  the  first  time  the  Commission  adopted  interim  measures 
following an unprecedented early implementation of a concentration.  

6.2.3. State aid action in the health services sector 

The Commission made progress on the evaluation of the State aid rules for health and social 
Services of General Economic Interest (SGEI) and the SGEI de minimis Regulation that was 
launched in 2019318. In September 2021, the Commission published an external study that it 
had  commissioned  to  gain  a  better  insight  in  the  market  developments  in  the  hospital  and 
social  housing  sector  in  10  Member  States319.  This  study  should  contribute  in  helping  the 
Commission  to  get  a  better  and  more  detailed  understanding  of  the  potential  issues  that 
Member States may have had in implementing the SGEI rules.  

On  2  June  2021,  the  General  Court  in  case  T-223/18  upheld  the  Commission  decision  of  4 
December 2017 concluding that the remuneration of public hospitals in Lazio, Italy providing 
healthcare  services  within  the  Italian  health  care  system  did  not  constitute  State  aid  under 
Article  107(1)  TFEU  as  those  hospitals  are  not  economic  in  nature320.  The  General  Court’s 
judgement has been appealed to the CJEU (C-492/21 P).  

7. TRANSPORT, TOURISM, AND POSTAL SERVICES 

7.1 Overview of key challenges 

The  transport  and  postal  services  sectors  continue  to  play  a  key  role  in  the  EU  economy. 
Transport is the key to both an integrated internal market and to an open economy integrated 
into  the  world  economy.  Postal  services  continue  to  have  a  significant  economic  and  social 
value, not the least because they are also active on other markets, in particular parcel delivery. 
Efficient postal services are a key factor in  allowing e-commerce to realise its full potential 
for growth and creating jobs. 

Throughout  2021,  the  transport  sector  continued  to  be  severely  affected  by  the  COVID-19 
pandemic.  In  the  aviation  sector,  several  EU  airlines  remained  under  constant  operational 
pressure  due  to  the  resurgence  of  infection  rates  and  the  discovery  of  new  variants.  This 
caused  passenger  movements  to  be  restricted,  with  the  ensuing  low  revenue  consequences 
requiring immediate public support. 

7.2 Contribution of EU competition policy 

7.2.1. Merger review in the aviation sector 

In  2021,  the  Commission  continued  with  its  in-depth  investigation  into  the  acquisition  of 
Transat  (the  parent  company  of  Air  Transat)  by  Air  Canada  notified  in  April  2020.  The 
investigation  focused  on  the  parties’  overlapping  operations  in  the  passenger  air  transport 
services between the EEA and Canada. The Commission’s investigation also focused on the 
extent  to  which  the  Covid-19  pandemic  would  impact  Air  Canada’s,  Transat’s  and  their 

317 Case M.10493 – Illumina / GRAIL, (Art. 8(5) EU Merger Regulation procedure). 
318 See: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-3777435_en. 
319 See: https://ec.europa.eu/competition-policy/system/files/2021-09/kd0621047enn_SGEI_evaluation.pdf.   
320  Judgment  of  the  General  Court  of  2.6.2021,  T-223/18,  Casa  Regina  Apostolorum  della  Pia  Società  delle 
Figlie di San Paolo v Commission, EU:T:2021:315.  

75 

 
                                                 
competitors’ operations in the mid- and long-term. Based on the results of the market test, the 
remedies  offered  by  the  parties  appeared  insufficient.  The  parties  subsequently  decided  to 
terminate the proposed merger agreement on 2 April 2021321. 

On  25  May  2021,  the  Commission  received  a  notification  of  a  proposed  acquisition  of  Air 
Europa  (a  subsidiary  of  a  Spanish  family-owned  tourism  group  Globalia  Corporación 
Empresarial)  by  International  Consolidated  Airlines  Group  (“IAG”)  which,  among  others, 
controls  Iberia,  British  Airways,  and  several  other  airlines322.  On  29  June  2021,  the 
Commission opened an in-depth investigation on grounds the merger would have negatively 
affected  competition  on  numerous  domestic,  short-haul  and  long-haul  routes,  within,  to  and 
from Spain. The investigation took in full account the impact of COVID-19 restrictions on the 
markets affected. IAG offered remedies but the market test revealed the remedies would not 
fully  address  the  competition  concerns.  On  16  December  2021,  the  parties  subsequently 
decided to terminate the proposed merger agreement.  

7.2.2. State aid to the aviation sector  

As  the  aviation  sector  continued  to  be  severely  affected  by  the  COVID-19  pandemic 
throughout 2021 and to assist Member States in their efforts to support the aviation sector in 
this  context,  the  Commission  further  amended  its  Temporary  Framework  for  State  aid 
measures323. This included increasing the aid ceilings, as well as introducing new measures to 
create  direct  incentives  for  forward-looking  private  investment  and  solvency  support 
measures.  The  Commission  also  continued  to  support  Member  States  in  their  efforts  to 
provide compensation linked to the damage suffered as a direct consequence of the COVID-
19 pandemic under Article 107(2)(b) TFEU. 

In 2021, the Commission adopted 35 decisions allowing State aid in favour of undertakings 
active in the aviation sector, to help address their liquidity and capital needs brought about by 
the COVID-19 pandemic. These aid measures were generally approved under the Temporary 
Framework  for  State  aid  measures  or  Article  107(2)(b)  TFEU.  A  few  notable  examples  are 
presented below:  

On 4 January 2021, the Commission announced its decision to approve the plans of Germany 
to  contribute EUR 1.25 billion to  the recapitalisation of TUI AG as part  of a wider support 
plan324.  The  Commission  noted  that  TUI  had  suffered  substantial  losses  because  of  the 
COVID-19 pandemic, in particular because of the travel restrictions that Germany and other 
countries imposed to limit the spread of the virus. The Commission approved the support as it 
was in line with the conditions set out in the Temporary Framework for State aid measures, 
considering that TUI AG was facing a risk of default and insolvency notwithstanding support 
measures previously granted to it. 

On  12  March  2021,  the  Commission  approved  a  EUR  351.38  million  contribution  from 
Finland  in  the  form  of  a  hybrid  loan  to  Finnair325.  The  Commission  noted  that  Finnair  had 
suffered  substantial  operating  losses  because  of  the  COVID-19  pandemic,  in  particular 
because of the travel restrictions that Finland and other countries imposed to limit the spread 

321 Case M.9489 - Air Canada / Transat. 
322 Case M.9637 - IAG / Air Europa. 
323 https://ec.europa.eu/competition-policy/state-aid/coronavirus/temporary-framework/amendments_en.  
324 Case SA.59812 - Germany – COVID-19 - Recapitalisation of TUI. 
325 Case SA.60113 – Finland – COVID-19 - Aid to Finnair. 

76 

 
                                                 
of  the  COVID-19  pandemic.  Similarly,  on  17  March  2021,  the  Commission  approved  EUR 
350 million in support to Finavia326, the manager of 21 airports in Finland. 

On  5  April  2021,  the  Commission  announced  its  decision  to  approve  a  EUR  4  billion 
recapitalization  of  Air  France327.  The  Commission  noted  that  in  2019,  the Air  France-KLM 
group  reported  an  annual  operating  profit  of  approximately  EUR  750  million  but  that  as  a 
direct  result  of  the  travel  restrictions  that  France  and  other  countries  imposed  to  limit  the 
spread of the COVID-19 pandemic, Air France and its holding company suffered a significant 
reduction  in  activities  leading  to  major  operating  losses.  France’s  recapitalization  of  Air 
France was proposed in two steps, comprised of (a) the conversion of the EUR 3 billion loan 
already granted to Air France into a hybrid capital instrument; and (b) a capital injection of up 
to  EUR  1  billion  from  the  purchase  of  new  shares.  The  Commission  considered  that  the 
measures  were  consistent  with  Article  107(3)(b)  TFEU  and  the  conditions  set  out  in  the 
Temporary Framework for State aid measures. 

On 5 July 2021, the Commission opened an in-depth investigation into the restructuring of the 
Romanian flag carrier TAROM328, after having approved around EUR 36.7 million of rescue 
aid in February 2020329. The restructuring plan notified by Romania in May 2021 sets out a 
package  of  measures  for  streamlining  TAROM's  operations,  renewing  its  ageing  fleet  and 
reducing  costs.  The  Commission  will  in  particular  examine  whether  the  proposed 
restructuring  plan  is  appropriate  for  addressing  TAROM's  difficulties  and  for  restoring  its 
long-term viability in a reasonable time frame without continued State aid, whether TAROM 
or  market  operators  would  sufficiently  contribute  to  the  restructuring  costs,  and  whether 
appropriate  measures  to  limit  the  distortions  of  competition  created  by  the  aid  would 
accompany the restructuring. 

On  9  July  2021,  the  Commission  approved  a  Swedish  and  Danish  aid  measure  of 
approximately EUR 300 million to support Scandinavian Airlines System (SAS)330. The aim 
of  the  measure  was  to  provide  SAS  with  the  liquidity  support  it  needed  following  the 
deterioration  of  its  cash-flow  situation  due  to  the  new  travel  restrictions  and  containment 
measures imposed by Denmark and Sweden in order to limit the impact of new waves of the 
virus as of September 2020. The aid took form of loans (EUR 150 million granted by Sweden 
and  EUR  150  million  granted  by  Denmark)  with  subsidised  interest  rates  and  a  maturity  of 
maximum  five  years.  The  Commission  found  the  aid  compatible  under  Article  107(3)(b) 
TFEU.  

On  16  July  2021,  the  Commission  approved  the  grant  of  a  EUR  1.2  billion  rescue  loan  in 
favour of the Portuguese flag carrier TAP331, after a previous decision332 had been annulled by 
the  General  Court333.  This  decision  finds  that  the  rescue  loan  fulfils  all  conditions  of  the 
Guidelines  on  State  aid  for  rescuing  and  restructuring  non-financial  undertakings  in 

326 Case SA.59132 – Finland – COVID-19 - Aid to Finavia. 
327 Case SA.59913 - France – COVID-19 - Recapitalisation of Air France and the Air France – KLM Holding. 
328 Case SA.59344 – Romania - Restructuring aid to Tarom. 
329 Case SA.56244 – Romania - Rescue aid to Tarom. 
330 Case SA.63838 – Sweden and Denmark – COVID-19- State loan to SAS Consortium. 
331 Case SA.57369 – Portugal - Rescue aid to TAP SGPS. 
332  Commission  decision  C(2020)  3989  final  of  10.6.2020  in  State  aid  case  SA.57369  (2020/N)  COVID-19  – 
Portugal – Aid to TAP. 
333  Judgment  of  the  General  Court  of  19.5.2021,  T-465/20,  Ryanair  DAC  v  European  Commission, 
EU:T:2021:284. 

77 

 
                                                 
difficulty334.  Moreover,  and  following  an  in-depth  investigation,  the  Commission  on  21 
December 2021 approved EUR 2.55 billion of restructuring aid in the form of equity or quasi 
equity measures, including the conversion of the EUR 1.2 billion rescue loan into equity in a 
conditional  decision,  to  enable  TAP  SGPS  and  the  airline  TAP  Air  Portugal  to  return  to 
viability335. The Commission found that the revised restructuring plan and the commitments 
obtained, including in particular Portugal abandoning a plan to grant EUR 512 million in loan 
guarantees,  improved  the  proportionality  of  aid.  Furthermore,  the  decision  envisages 
competition measures to preserve effective competition at the Lisbon airport. TAP will make 
available up to 18 slots per day at Lisbon airport to a competing carrier. These measures will 
enable the lasting entry  or expansion of a competing carrier at  this airport,  to  the benefit of 
consumers. A transparent and non-discriminatory selection procedure will be organised by the 
Commission (with the support of a Monitoring Trustee) to select the competing carrier.  

On 27 July 2021, the Commission found an aid package by Germany in favour of Condor in 
line  with  EU  State  aid  rules336.  The  approval  of  the  aid  package,  based  on  three  separate 
Commission decisions, related to two measures to compensate Condor for damages suffered 
as  a  result  of  the  COVID-19  pandemic,  worth  in  total  EUR  204.1  million,  and  EUR  321.2 
million of restructuring support to enable Condor’s return to viability. 

Also on 27 July 2021, the Commission also approved a EUR 110 million aid to compensate 
Athens  International  Airport  S.A.337,  the  operator  of  Athens  international  airport  Eleftherios 
Venizelos, for the damage suffered due to the COVID-19 pandemic and the travel restrictions 
that Greece and other countries imposed to limit the spread of the virus. The aid took the form 
of a direct  grant  and of a cancellation of concession fees. The measure was approved under 
Article 107(2)(b) TFEU.  

In  September  2021,  the  Commission  adopted  two  decisions  regarding  the  Italian  airline 
Alitalia. After opening an in-depth investigation on two state loans totalling EUR 900 million 
in  2018,  the  Commission  has  concluded  that  these  loans  would  not  have  been  granted  by  a 
market economy investor and thus constitute State aid within the meaning of the EU rules338. 
Moreover,  the  loans  were  not  in  line  with  EU  rules  on  State  aid  to  companies  in  difficulty 
such as Alitalia. This is because the loans were not reimbursed within six months, Italy never 
submitted  a  restructuring  plan  capable  of  restoring  the  company’s  viability,  nor  was  the 
company  liquidated.  The  Commission  therefore  concluded  that  the  loans  gave  Alitalia  an 
unfair economic advantage vis-à-vis its competitors on national, European and world routes, 
which it needs to pay back339. In a separate decision340, the Commission also found that the 
new Italian airline ITA, that is set to take over part of Alitalia’s assets, is not the economic 
successor of Alitalia and thus not liable to repay illegal aid received by Alitalia. It also found 

334 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. 
335 Case SA.60165 – Portugal - Restructuring aid to TAP SGPS. 
336  Cases  SA.56867  –  Germany  Compensation  for  the  damage  caused  by  the  COVID-19  outbreak  to  Condor 
Flugdienst GmbH; SA.63203 - Germany - Restructuring aid for Condor and SA.63617 - Germany  
COVID 19 – Condor damage compensation II. 
337 Case SA.62052 – Greece – COVID-19 - Aid to Athens International Airport.  
338 Case SA.48171 – Italy - Complaints against alleged State aid to Alitalia. 
339 Commission Press Release, 10.9.2021 , “Commission concludes Italian loans worth €900 million to Alitalia 
are illegal” aid, available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4664.  
340  Case  SA.58173  –  Italy  –  Newco  ITA ;  Commission  Press  Release,  10.9.2021,  “  Commission  finds  new  air 
carrier  ITA  is  not  Alitalia's  economic  successor  and  Italy's  capital  injections  into  ITA  are  market  conform”, 
available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4665.  

78 

 
                                                 
that  Italy's  capital  injections  of  EUR  1.35  billion  into  the  new  company  are  in  line  with 
market conditions, and therefore do not amount to State aid under EU rules. 

In  December  2021,  the  Commission  adopted  two  other  decisions  concerning  TAP.  The 
Commission  approved  compensation  for  damages  TAP  Air  Portugal  suffered  due  to  the 
COVID-19 pandemic as a direct result of the travel restrictions. The first decision concerned 
EUR  107.1  million  to  compensate  for  damage  it  suffered  between  1  July  2020  and  30 
December 2020341,  and the second decision  concerned  EUR  71.4 million  to  compensate for 
damage it suffered between 1 January and 30 June 2021342. The Commission considers that 
the  COVID-19  pandemic  qualifies  as  an  exceptional  occurrence,  as  it  is  an  extraordinary, 
unforeseeable  event  having  a  significant  economic  impact.  As  a  result,  exceptional 
interventions  by  the  Member  States  to  compensate  for  the  damages  directly  linked  to  the 
pandemic  are  justified.  The  measures  for  TAP  Air  Portugal  compensate  damage  that  is 
directly  linked  to  the  COVID-19  pandemic  and  they  are  proportionate  as  the  compensation 
does not exceed what is necessary to make good the damage. 

7.2.3. European Union Court judgements in aviation aid cases 

In 2021, the General Court delivered a number of important judgements concerning State aid 
cases in the aviation sector.  

On  17  February  2021,  the  General  Court  handed  down  its  judgement343  rejecting  Ryanair’s 
challenges  to  the  Commission  decision  approving  aid  to  Swedish  airlines344.  The  General 
Court  rejected  all  of  Ryanair’s  pleas.  In  relation  to  the  allegation  that  the  aid  was 
discriminatory (reserved to Swedish airlines), the General Court noted that the loan guarantee 
scheme satisfied the conditions laid down in Article 107(3)(b) TFEU. The General Court also 
held  that  limiting  eligibility  for  the  aid  to  only  those  airlines  which  hold  a  Swedish  licence 
because  of  the  stable  reciprocal  links  which  tie  them  to  the  Swedish  economy,  was 
appropriate for achieving the objective of remedying the serious disturbance in the Swedish 
economy. 

On  the  same  day,  the  General  Court  handed  down  its  judgement345  rejecting  Ryanair’s 
challenges  to  the  Commission’s  decision  to  approve  France’s  aid  to  French  airlines 
(moratorium on the collection of civil aviation tax and the solidarity tax ordinarily imposed by 
the French State346). The General Court confirmed that the COVID-19 pandemic constituted 
an exceptional occurrence within the meaning of Article 107(2)(b) TFEU, causing economic 
damage to the airlines operating in France. The General Court considered that the objective of 
the deferral of the payment of the taxes clearly had the objective to make good the damage in 
question. 

341 Case SA.63402 – Portugal - COVID 19 - Compensation to TAP SA II.  
342 Case SA.100121 – Portugal - COVID-19 Damages compensation to TAP III.  
343 Judgment of the General Court of 17.2.2021, T-238/20, Ryanair v. Commission, EU:T:2021:91.  
344 Case SA.56812 – Sweden – COVID-19 - Loan guarantee scheme to airlines. 
345 Judgment of the General Court of 17.2.2021, T-259/20, Ryanair v. Commission, EU:T:2021:92. 
346  Case  SA.56765  –  France  –  Covid-19  –  Deferral  of  the  payment  of  airline  taxes  in  favour  of  public  air 
transport undertakings. 

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On 14 April 2021, the General Court dismissed the actions for annulment brought by Ryanair 
against  three  decisions  of  the  Commission  authorising  State  aid  in  the  airline  sector347.  The 
cases  concerned  individual  aid  measures  granted  by  Finland  to  Finnair348,  and  by  Denmark 
and  Sweden  to  Scandinavian  Airlines  (“SAS”)349.  The  General  Court  found  that  Member 
States  can  grant  individual  aid  to  companies  affected  by  the  economic  consequences  of  the 
COVID-19 pandemic on the grounds of Article 107(2)(b) and (3)(b) TFEU. In particular, with 
regard to  Article 107(2)(b) TFEU (SAS  cases), the Court found that Member States are not 
required to make good the entirety of the damage caused by COVID-19, and that they do not 
have  to  compensate  all  “victims”  of  that  damage.  With  regard  to  Article  107(3)(b)  TFEU 
(Finnair  I  case),  the  Court  found  that  an  aid  measure  authorised  on  the  basis  of  Article 
107(3)(b) TFEU does not have to be “capable, in itself, of remedying the serious disturbance 
in  the  economy  of  the  Member  State  concerned.  Once  the  Commission  has  established  the 
reality of a serious disturbance in the economy of the Member State concerned, that State may 
be  authorised,  if  the  other  conditions  laid  down  in  that  Article  are  also  satisfied,  to  grant 
State  aid,  in  the  form  of  aid  schemes  or  individual  aid,  which  help  to  remedy  that  serious 
disturbance”350. 

On  19  May  2021,  the  General  Court  handed  down  its  judgement351  annulling  the 
Commission’s decision to approve the Netherlands financial aid for the airline KLM amid the 
COVID-19  pandemic  on  the  grounds  of  inadequate  reasoning352.  However,  due  to  the 
particularly  damaging  impact  of  the  pandemic  on  the  Netherlands  economy,  the  General 
Court  suspended  the  effects  of  the  annulment  pending  the  adoption  of  a  new  Commission 
decision. The related notified aid, with a total budget of EUR 3.4 billion, consisted, first, of a 
State guarantee for a loan to be granted by a consortium of banks and, secondly, a State loan. 
By that measure, the Netherlands intended to provide temporary liquidity needed by KLM to 
deal with the adverse effects of the COVID-19 pandemic. In its judgement, the General Court 
provided  clarifications  on  the  scope  of  the  Commission’s  duty  to  state  reasons  when  it 
declares aid granted to the subsidiary of a holding company to be compatible with the internal 
market,  where  another  subsidiary  of  the  same  holding  company  has  already  benefited  from 
similar aid. 

On  14  July  2021,  the  General  Court  confirmed  the  Commission  decision  of  6  July  2020353 
approving  under  Article  107(2)(b)  TFEU  State  aid  in  favour  of  Austrian  Airlines,  which  is 
part  of  the  Lufthansa  group,  in  the  form  of  a  subordinated  loan  convertible  into  a  grant  of 
EUR  150  million  as  compensation  for  damage  suffered  by  Austrian  Airlines  due  to  the 
pandemic354. 

The General Court confirmed the Commission’s position that:  

347  Cases  SA.56809  –  Finland  –  COVID-19  -  State  loan  guarantee  for  Finnair;  SA.56795  –  Denmark  – 
Compensation for the damage caused by the COVID-19 outbreak to Scandinavian Airlines; SA.57061– Sweden 
– Compensation for the damage caused by the COVID-19 outbreak to Scandinavian Airlines. 
348 Judgment of the General Court of 14.4.2021, T-388/20, Ryanair v Commission (Finnair I), EU:T:2021:196. 
349  Judgments  of  the  General  Court  of  14.4.2021,  T-378/20,  Ryanair  v  Commission  (SAS,  Denmark), 
EU:T:2021:194 and T-379/20, Ryanair v Commission (SAS, Sweden), EU:T:2021:195. 
350 T-388/20 Ryanair v Commission (Finnair I), EU:T:2021:196, paragraph 41. 
351 Judgment of the General Court of 19.5.2021, T-643/20, Ryanair v Commission, EU:T:2021:286. 
352 Case SA.57116 – The Netherlands – COVID-19 - State loan guarantee and State loan for KLM. 
353 Case SA.57539 – Austria – COVID-19 – Aid to Austrian Airlines. 
354  Judgment  of  the  General  Court  of  14.7.2021,  T-677/20,  Ryanair  and  Laudamotion  v  Commission, 
EU:T:2021:465. 

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-  Under  Article  107(2)(b)  TFEU,  the  Commission  may  consider  appropriate  to  allow 
compensation for net losses not only for the period of full grounding of the beneficiary’s 
fleet  but  also  for  the  days  immediately  preceding  that  period  when  there  were  already 
cancellations and rescheduling of flights due to restrictions.  

-  Austrian  Airlines  was  not  overcompensated  due  to  the  aid  already  granted  to  the  other 
companies  of  the  Lufthansa  group  under  Article  107(3)(b)  TFEU.  The  General  Court 
confirmed  that  aid  authorised  under  Article  107(3)(b)  TFEU  may  in  principle  be 
combined with  aid  authorised on  the basis of Article 107(2)(b) TFEU, provided that the 
requirements of each of those provisions are fulfilled.  

7.2.4. Monitoring activities in the container shipping sector  

In  2021,  carriers  active  in  liner  shipping  services,  their  customers  (shippers  and  freight 
forwarders),  port  operators  and  logistics  services  providers  continued  to  be  confronted  with 
exceptional challenges, leading to sharp price increases for container shipping services and to 
deteriorated  service  availability  and  reliability.  The  reasons  have  been  multi-faceted  (for 
example strong demand for goods, port congestion, landside bottlenecks, etc.), not necessarily 
entirely similar across the world, and hardly attributable to only one determining factor or one 
category of operators.  

Over  the  course  of  the  year,  the  Commission  has  been  in  regular  contact  with  relevant 
stakeholders,  regulators  and  competition  authorities  worldwide  to  identify  any  scope  for 
intervention  that  can  facilitate  the  return  to  normal  operations.  In  March  2021,  the 
Commission  organised  a  Maritime  Forum,  where  industry  representatives  of  the  entire 
maritime supply chain discussed the difficulties in the sector and possible ways forward.  At 
the  Global  Maritime  Summit  organised  by  the  Commission  in  September  2021,  regulators 
from China and the US concurred with the Commission that anti-competitive behaviour from 
shipping alliances aimed at increasing freight rates had not been identified at this stage.  

7.2.5. State aid enforcement in the maritime transport sector 

The  competitiveness  of  the  maritime  transport  sector  is  important  for  a  well-functioning 
Single  Market  as  it  leads  to  beneficial  spill-over  effects  for  other  sectors  in  a  European 
maritime economy that is integrated in the global markets. 

In  2021,  the  Commission  approved  a  number  of  State  aid  schemes  under  the  Maritime 
Guidelines355. On 1 July 2021, the Commission adopted a positive decision concerning a EUR 
30 million French seafarer scheme aimed at reimbursing ship-owners with the social security 
costs of their  seafarers356.  On  5 July  and 10 December 2021, the Commission  approved the 
prolongation  with  amendments  of  two  German  seafarer  schemes357.  In  the  latter  cases,  the 
German  authorities  extended  the  scheme  to  all  eligible  vessels  registered  in  any  EU/EEA 
shipping  register.  Moreover,  on  25  October  2021  the  Commission  approved  a  10-year 

355 Commission Communication C(2004)43 - Community guidelines on State aid to maritime transport, OJ C 13, 
17.1.2004, p. 3. 
356 Case SA.59537 – France - Remboursement des cotisations sociales des marins.  
357  Cases  SA.62571  –  Germany  -  Prolongation of  the  reduction  of  the  wage  tax  payable on  seafarers'  wages; 
SA.64873 – Germany - Prolongation with amendments of the scheme on the reduction of non-wage labour costs 
in maritime shipping.  

81 

 
 
                                                 
prolongation  of  a  Danish  seafarer  scheme  providing  for  tax  deductions358.  The  schemes 
approved  by  the  Commission  under  the  Maritime  Guidelines  encourage  ship  registration 
within  the  EU  and  contribute  to  the  global  competitiveness  of  the  sector  without  unduly 
distorting competition. 

In addition, the Commission adopted a number of decisions, in the context of the COVID-19 
pandemic, both under Article 107(2)(b)TFEU as well as the Temporary Framework for State 
aid measures, to compensate damages suffered by shipping companies and support companies 
operating  in  the  maritime  sector.  Those  decisions  concerned  amongst  others  damage 
in  Sweden359, 
compensation  and  direct  grants  for  passenger  shipping  companies 
compensation  for  Brittany  Ferries  in  France360  and  direct  grants  to  shipping  companies  in 
Italy361.  

7.2.6. Rail and intermodal transport State aid enforcement  

As  in  other  transport  modes  hit  by  the  new  waves  of  the  COVID-19  pandemic,  public 
intervention  in  the  rail  sector  was  necessary  to  preserve  connectivity  and  the  Commission 
quickly responded to that challenge once again. 

First,  the  Commission  in  2021  approved  under  Article  107(2)(b)  TFEU  three  measures362 
under which railway undertakings are compensated for the damages suffered as a result of the 
COVID-19 pandemic. In addition, the Commission approved seven measures, either under the 
Temporary Framework for State aid measures363 or under the 2008 Guidelines on State aid for 
railway  undertakings364,  most  of  which  concern  reductions  of  track  access  charges  and 
infrastructure access fees365. 

Beside the handling of COVID-19 related cases, the Commission continued to enforce State 
aid rules applicable to the rail and intermodal transport sector. The Commission approved 12 
schemes366 for the coordination of transport (encompassing aid for infrastructure use, aid for 

358 Case SA.62065 – Denmark - Prolongation of the Danish tax deduction scheme for seafarers. 
359  Cases  SA.59863  –  Sweden  -  Amendment  to  SA.57710  -  Compensation  for  damages  suffered  by  passenger 
ferries due to COVID19; SA.62726 – Sweden - COVID-19 - Prolongation shipping aid (SA.59863). 
360 Case SA.62193 – France - State aid to compensate Brittany Ferries for the damage suffered as a result of the 
coronavirus pandemic.  
361 Case SA.62525 – Italy – COVID-19 - aid to shipping companies. 
362 Cases SA.59346 - Italy - Damage compensation to commercial rail passenger operators; SA.62375 - Czechia 
–  Damage  compensation  scheme  for  rail  passenger  transport  operators;  SA.63846  –  Germany  –  Damage 
compensation for Deutsche Bahn AG. 
363 Case  SA.62881  - Denmark  - COVID-19 aid scheme supporting providers of public passenger transport by 
rail. 
364 Communication from the Commission — Community guidelines on State aid for railway undertakings 
OJ C 184, 22.7.2008, p. 13–31. 
365 Cases SA.60655 - Austria – Amendments to the existing aid scheme for the provision of rail freight services 
in certain forms of production and temporary support for rail freight and passenger transport; SA.59376 - Italy 
-  Reduction  of  track  access  charges  for  rail  freight  and  commercial  rail  passenger  services;  SA.62391  – 
Denmark - Waiver of infrastructure access charges for public passenger transport services by rail; SA.62762 – 
Italy  –  Prolongation  of  the  COVID-19  scheme  for  the  reduction  of  track  access  charges  for  rail  freight  and 
commercial rail passenger services; SA.62763 - Germany - COVID-19 - Amendment of an existing aid scheme 
for  rail  freight  transport;  SA.63635  -  Germany  -  COVID-19  -  Amendment  of  an  existing  aid  scheme  for  rail 
freight transport and temporary support for long-distance rail passenger transport providers. 
366  Cases  SA.58817  –  Italy  -  State  aid  to  support  freight  transport  by  inland  waterways  in  Italy;  SA.58908  – 
Germany  -  Support  for  ERTMS  and  automatic  train  operation  in  the  Stuttgart  area;  SA.59183  –  Italy  - 
Modification  of  “Marebonus”  scheme  to  promote  highways  of  the  sea;  SA.59448  –  Hungary  -  Single  Wagon 
Load  Scheme;  SA.60132  –  Austria  -  Prolongation  of  the  programme  for  support  of  investments  in  combined 

82 

 
                                                 
 
the reduction of external  costs  or aid  for interoperability) on the basis of the 2008 State aid 
Guidelines  and  Article  93  TFEU.  Approved  schemes  include  for  instance  aid  to  combined 
transport, aid to  support  measures for noise  reduction, aid  to  support  the  deployment  of  the 
European Rail Traffic Management System  (ERTMS)367 and aid for single wagon transport. 
All  these  measures  support  the  modal  shift  from  road  to  rail,  inland  waterways  or  sea 
transport as the safer and more environmentally-friendly transport modes, which constitutes a 
priority to implement the European Green Deal. 

7.2.7. State aid enforcement in the road sector 

In  August  2021,  the  Commission  adopted,  under  the  Temporary  Framework  for  State  aid 
measures, two decisions concerning  aid  for an  amount of approximately  EUR 40  million  in 
relation to support for bus368 and coach tourism operators369 in Ireland. In addition, on 27 May 
and  5  November  2021  the  Commission  approved  aid  to  undertakings  engaged  in  road 
passenger transport by bus in Italy for an overall amount of EUR 25 million370.  

7.2.8. State aid enforcement in the postal services sector 

Through  State  Aid  control  in  the  postal  services  sector,  the  Commission  ensures  that 
competition between incumbent service providers and new entrants is not being distorted, that 
recipients of State  aid  are not  shielded  from  competitive  pressure and market  developments 
and that efficiency, innovation and efficiency remains incentivised. 

On  23  July  2021,  the  Commission  opened  an  in-depth  investigation  to  assess  whether  the 
compensation  granted  by  Denmark  to  Post  Danmark  in  2020  to  fulfil  its  public  service 
mission is in line with State aid rules371. The concerns that led to the opening of the formal 
investigation  relate  to  the  methodologies  of  allocation  of  costs  between  the  universal  postal 
services and non-universal postal services and the potential impact on the net cost calculation.  

On  27  July  2021,  the  Commission  concluded  that  the  one-year  prolongation  until  31 
December 2021 of the provision of several services of general economic interest (SGEI) for 
bpost in  Belgium  was  compatible with  the internal  market  under Article 106(2) TFEU as it 
met  all  the  conditions  of  the  SGEI  Framework372.  The  SGEIs  concerned  include  the 

freight  transport;  SA.60177  –  Belgium  -  Aid  scheme  improving  the  quality  of  intermodal  connections  to  and 
from  Flemish  seaports;  SA.60383  –  Sweden  -  Prolongation  and  amendments  to  the  scheme  on  environmental 
compensation  for  rail  freight  transport;  SA.60451  -  Belgium  -  Aid  for  intermodal  transport  of  containers  by 
waterways  in  the  Brussels-Capital  Region  for  the  period  2021  –  2025;  SA.60499  -  Belgique  -  Aide  au  post-
équipement des wagons pour réduire les nuisances sonores du transport ferroviaire de marchandises; SA.62018 
– Czechia - Support for rail freight operators using electric traction; SA.62208 – Slovenia - Grants to promote 
rail freight transport in Slovenia; SA.62800 – Sweden - Prolongation of the Swedish scheme on environmental 
compensation for rail freight transport (SA.60383). 
367 The European Rail Traffic Management System (ERTMS) is a single European signalling and speed control 
system  that  ensures  interoperability  of  the  national  railway  systems,  reducing  the  purchasing  and  maintenance 
costs  of  the  signalling  systems  as  well  as  increasing  the  speed  of  trains,  the  capacity  of  infrastructure  and  the 
level of safety in rail transport. 
368 Case SA.63009 – Ireland - COVID-19: Aid to licensed commercial bus operators. 
369 Case SA.64443 – Ireland - COVID-19: Irish Coach Tourism Scheme (amendment to SA.58955). 
370  Cases  SA.62718  -  Italy  -  Support  to  road  passenger  transport;  SA.64342  -  Italy  -  COVID-19:  Aid  to 
undertakings engaged in road passenger transport by bus.  
371 Cases SA.57991 - Denmark - USO compensation for Post Danmark 2020; SA.55918 - Denmark - Alleged 
State aid for Post Danmark for USO in 2020.  
372 Case SA.62486 - Belgium - Prolongation of the 6th Management Contract between the Belgian State and 
bpost.  

83 

 
                                                                                                                                                         
maintenance  of  a  retail  network,  home  payment  of  pensions  and  allowances,  distribution  of 
election materials and the social role of the postman.  

On  2  September  2021,  the  Commission  concluded  that  a  two-year  prolongation  until  31 
December  2022  worth  EUR  350  million  of  the  concession  contract  between  Belgium  and 
bpost  for  the  distribution  of  newspapers  and  periodicals  was  compatible  with  the  internal 
market under Article 106(2) TFEU as it met all the conditions of the SGEI Framework373.  

On 10 September 2021, the Commission concluded, following an in-depth investigation that 
started on 14 June 2019, that a capital injection from PostNord Group AB to Post Danmark 
did  not  constitute  State  aid374.  In  the  same  decision,  the  Commission  concluded  that  two 
capital  injections from Denmark and Sweden respectively to  PostNord AB constituted State 
aid as they conferred an advantage to PostNord AB. The two capital injections of in total SEK 
667 million will be recovered. 

8. TAXATION AND STATE AID  

8.1 Overview of key challenges on tax evasion and avoidance and fiscal aid 

The Commission enforces State aid rules in fiscal matters, notably in view of aggressive tax 
planning  practices  that  distort  or  threaten  to  distort  competition,  as  well  as  fiscal  policy 
decisions that lead to discriminatory treatment of companies. 

Aggressive tax planning strategies can take a variety of forms, including through the shifting 
of profits to low or no-tax jurisdictions where there is little or no economic activity, resulting 
in  little  or  no  overall  corporate  tax  being  paid.  Aggressive  tax  planning  can  be  realised  by 
using  preferential  tax  schemes,  or  through  individual  means,  for  example  by  requesting 
individual tax rulings. Aggressive tax planning has many adverse effects in the EU market as 
undue  tax  reliefs  distort  competition  in  the  Single  Market  and  aggressive  tax  planning  also 
compromises  social  fairness,  since  the  revenues  foregone  from  not  taxing  the  profits  of 
multinational companies must be compensated elsewhere, usually by shifting the overall tax 
burden to less mobile tax bases, such as labour income and income of small-scale enterprises. 
Aggressive tax planning can also affect the Single market by distorting investment decisions, 
which are driven by tax optimisation strategies rather than other considerations. 

8.2 The contribution of EU competition policy to tackling the challenges 

In 2021, the Commission continued to enforce State aid rules in tax matters. Although, in the 
absence of harmonisation, direct taxation is a competence of the Member States, national tax 
measures have to comply with internal market rules and be in line with EU competition rules. 
The case law of the CJEU has consistently held, and recently reaffirmed375, that Article 107 
TFEU allows the Commission to determine whether a tax measure confers on undertakings an 
economic advantage which places the beneficiaries in a more favourable position than other 
taxpayers. 

8.2.1. State aid investigations concerning aggressive tax planning 

373 Case SA.56448 - Belgium - Prolongation of bpost’s concessions over 2021 and 2022.  
374 Cases SA.49668 – Denmark - Capital injections for PostNord and Post Danmark; SA.53403 – Sweden - 
Capital injections for PostNord and Post Danmark. 
375 Judgment of the Court of Justice (Grand Chamber) of 6.10.2021, C-52/19 P, Banco Santander SA v European 
Commission, EU:C:2021:794. 

84 

 
                                                 
In 2021, the Commission continued its investigation into Member States’ tax rulings practice 
and changes in tax legislation. In 2014, the Commission had started collecting information on 
Member  States’  tax  rulings  practices  for  the  years  2010-2013.  This  aimed  at  clarifying 
allegations  whether  tax  rulings  constitute  State  aid  and  to  allow  the  Commission  to  take  an 
informed  view  of  the  practices  of  all  Member  States.  Overall  the  Commission  looked  into 
more than a thousand rulings. 

However, Member States have moved on since 2013 both in terms of tax legislation and of 
ruling  practices.  In  order  to  assess  this  evolution,  the  Commission  at  the  end  of  2019 
requested  all  Member  States  to  provide  an  update  of  their  legislative  and  administrative 
practices and a list of tax rulings for the years 2014 to 2018. This review continued in 2021. 

8.2.2. Ongoing aggressive tax planning cases 

The Commission continued the investigation of its pending cases on alleged State aid granted 
by the Netherlands to Inter IKEA, to Starbucks and to Nike; and on alleged State aid granted 
by Luxembourg to Huhtamäki. 

In  2021,  the  Commission  defended  a  number  of  its  decisions  before  the  Union  Courts.  The 
General Court delivered its judgement in the Amazon376 and Engie377 cases, while the CJEU 
delivered its judgement in the Belgium Excess Profit378 case.  

Luxembourg – General Court judgement on Amazon 
On  12  May  2021,  the  General  Court  annulled  the  Commission  decision  of  4  October  2017  in  case 
SA.38944 on State aid granted by Luxembourg to Amazon on the basis that the Commission had not 
shown the existence of an advantage in favour of Amazon to the requisite legal standard. However, it 
upheld the Commission decision on the applicability of important legal principles. 
In its decision, the Commission had concluded that Luxembourg had granted illegal and incompatible 
aid to Amazon EU S.à.r.l. (LuxOpCo) in the form of an undue reduction of its tax liability from 2006 
to 2014. 
In the case at hand, LuxOpCo paid a royalty for an intra-group IP license to another group company, 
LuxSCS,  which  was  exempt  from  tax  in  Luxembourg.  According  to  the  Commission,  Luxembourg 
wrongly attributed the bulk of the profit to the tax transparent, empty shell company LuxSCS, rather 
than  LuxOpCo.  The  Commission’s  decision  was  based  on  a  primary  and  three  subsidiary  lines  of 
reasoning. 
The Court ruled that the Commission did not succeed, by any of the findings, in demonstrating to the 
requisite legal standard the existence of an advantage within the meaning of Article 107(1) TFEU. As 
regards the primary finding of advantage, the Court stated that the Commission relied on the wrong 
piece of guidance provided by the OECD for the assessment of intra-group transactions. In so doing, 
the  Commission  failed  to  appreciate  the  relevance  of  legal  ownership  of  an  IP  (which  rested  with 
LuxSCS)  for  the  purpose  of  its  analysis.  As  to  the  subsidiary  findings  of  advantage,  the  Court 
considered that the Commission failed to demonstrate that the methodological Transfer Pricing errors 
it identified led to the existence of an advantage. 
The Commission decided to appeal the judgement to the CJEU379. The General Court judgement raises 

376  Judgment  of  the  General  Court  of  12.5.2021,  joined  cases  T-816/17  and  T-318/18,  Luxembourg  v 
Commission (Amazon), EU:T:2021:252. 
377  Judgment  of  the  General  Court  of  12.5.2021, T-516/18  and  T-525/18,  Luxembourg  v Commission  (Engie), 
EU:T:2021:251. 
378  Judgment  of  the  Court  of  Justice  of  16.9.2021,  C-337-19  P,  Commission  v.  Belgium  and  Magnetrol 
International (Belgium Excess Profit), EU:C:2021:741. 
379 C-457/21 P, Commission v Amazon.com and Others. 

85 

 
                                                 
important legal issues that are of relevance to the Commission in its application of State aid rules to 
tax planning cases. The Commission is bringing this matter before the CJEU to bring clarity on these 
legal issues. 
At the same time, whilst the Commission decision on Amazon was annulled, this does not bring into 
question  previous  findings  by  the  CJEU  that  tax  sovereignty  must  be  exercised  in  light  of  Treaty 
principles and EU State aid laws. The Court’s judgement also confirms its previous judgements on the 
Belgian  Excess  Profit  scheme,  Fiat,  Starbucks  and  Apple  and  the  Commission’s  approach  to  assess 
whether  transactions  between  group  companies  give  rise  to  an  advantage  under  EU  State  aid  rules 
based on the so-called ‘arm’s length principle’. 

Luxembourg – General Court judgement on Engie 
On  12  May  2021,  the  General  Court  confirmed  the  Commission  decision  of  20  June  2018  in  case 
SA.44888 on State aid granted by Luxembourg to Engie.  
The  Commission  decision  concluded  that  a  series  of  tax  rulings  granted  by  Luxembourg  to  Engie, 
covering  two  identical,  triangular  financing  structures,  conferred  a  selective  advantage  to  Engie  by 
allowing certain profits to be generated and further distributed to the parent companies without being 
subject to taxation in Luxembourg. In particular, the profits of the subsidiaries were recorded as paid 
interest and deducted from their tax base, whilst being ultimately exempted from taxation upon their 
distribution  to  the  holding  companies,  by  virtue  of  the  participation  exemption.  According  to  the 
Commission,  Luxembourg  granted  a  selective  advantage  to  Engie  on  the  basis  of  three  lines  of 
reasoning: (i) by applying the participation exemption to profits that had not been taxed at the level of 
the  subsidiaries,  (ii)  by  allowing  the  reduction  of  the  combined  tax  base  of  the  Engie  group  in 
Luxembourg and (iii) by not applying the abuse of law provision to these structures. 
The Court endorsed one of the two selectivity assessments under the first line of reasoning as well as 
the third line of reasoning, while it refrained from examining the second one for reasons of procedural 
economy. As regards one of the selectivity assessments under the first reasoning, the Court accepted 
that the participation exemption should not have been applied to profits that had escaped taxation at 
the level of the subsidiaries, as this effectively led to double non-taxation and this result could not be 
in line with the internal coherence of the national tax system.  
As regards the third reasoning, the Court accepted that, insofar as the criteria of the Luxembourg anti-
abuse provision were fulfilled, the non-application of that rule by Luxembourg resulted in a selective 
advantage. Luxembourg and Engie have appealed the judgement to the Court of Justice. 

Belgium – CJEU judgement on the Belgian Excess Profit Scheme 
On 16 September 2021, the CJEU set aside the judgement of the General Court, which had annulled 
the Commission decision of 11 January 2016 on the Excess Profit exemption State aid scheme. By that 
scheme, Belgium exempted 39 multinational companies from taxation on their “excess” profits. 
The  matter  set  before  the  CJEU  concerned  the  General  Court’s  findings  that  the  Commission  had 
failed to demonstrate the existence of a scheme  
The  CJEU  annulled  the  judgement  of  the  General  Court.  The  CJEU  recalled  that  schemes  may  be 
based on legal acts, as well as on the consistent administrative practice of Member States where such 
practice  amounts  to  a  “systematic  approach”,  and  in  particular  in  the  case  of  a  systematic 
misapplication of a provision. The CJEU considered that the General Court was inconsistent in finding 
that a scheme could be based on an administrative practice, while only looking at the underlying legal 
acts to identify the characteristics of that scheme.  
The CJEU referred the cases back to the General Court to rule on the remaining pleas in law. 

8.2.3. Recent judgements by the CJEU on selectivity in tax matters 

In 2021 the CJEU provided new important insights for the assessment of selectivity of fiscal 
measures  (three-step  test),  with  new  guidance  in  relation  to  the  first  step,  that  is  to  say  the 

86 

 
 
 
 
determination of the reference framework, which is of particular importance in the case of tax 
measures,  since  the  existence  of  an  economic  advantage  for  the  purposes  of  Article  107(1) 
TFEU may be established only when compared with ‘normal’ taxation. 

Hungary & Poland - CJEU judgements on the Hungarian and Polish retail taxes  
On  16  March  2021,  in  Cases  C-562/19  P  Commission  v  Poland  and  C-596/19  P  Commission  v 
Hungary, the CJEU upheld the judgements of the General Court from May and June 2019, which had 
annulled the Commission decisions of 2016 and 2017 in cases SA.44351 (Polish tax on retail sector 
with progressive rates) and SA.39235 (Hungarian advertisement tax with progressive tax rates) on the 
grounds that, in the assessment of selectivity, the Commission incorrectly identified the reference tax 
system. In those decisions, the Commission had considered the appropriate reference system to be the 
imposition of a single (flat) rate tax on the turnover generated from advertisement (in the Hungarian 
case)  or  retail  sales  (in  the  Polish  case),  without  the  progressive  tax  structure  being  a  part  of  that 
system.  On  that  basis,  the  Commission  declared  that  Hungary  and  Poland  had  granted  illegal  and 
incompatible State aid to smaller retailers subject to the lowest (including zero) rates. 
The  CJEU  found  that,  outside  the  spheres  in  which  EU  tax  law  has  been  harmonised,  the 
determination  of  the  characteristics  constituting  each  tax  falls  within  the  discretion  of  the  Member 
States,  in  accordance  with their  fiscal  autonomy.  This  includes, in  particular, the  choice  of  tax  rate, 
which may be proportional or progressive, and also the determination of the basis of assessment and 
the taxable event. Those characteristics constituting the tax therefore, in principle, define the reference 
system or the ‘normal’ tax regime, from which it is necessary to analyse selectivity. In addition, the 
CJEU  noted  that  EU law does  not  preclude  progressive  taxation  from  being  based  on turnover  as  it 
constitutes,  in  general,  a  relevant  indicator  of  the  taxable  person’s  ability  to  pay.  Accordingly,  the 
characteristics  constituting  the  tax,  which  include  progressive  tax  rates,  form,  in  principle,  the 
reference system or the ‘normal’ tax regime. 
Further,  the  CJEU  considered  that  the  Gibraltar  case-law  (Commission  and  Spain  v  Government  of 
Gibraltar and United Kingdom (C‑106/09 P and C‑107/09 P)) does not contradict the above finding, 
because  the  Commission  had  not  established  that  the  progressivity  of  the  rates  was  designed  in  a 
manifestly discriminatory manner, with the aim of circumventing the requirements of EU law on State 
aid. 

Spain – CJEU judgement on the Spanish amortisation of financial goodwill 
On 6 October 2021, the  CJEU dismissed the appeals brought against the judgements of the  General 
Court upholding the Commission decisions of 28 October 2009 and 12 January 2011 (Goodwill I and 
Goodwill  II  respectively).  In  those  decisions,  the  Commission  had  declared  that  Spain  had 
implemented  an  unlawful  and  incompatible  tax  scheme  consisting  in  the  amortisation  of  financial 
goodwill for acquisitions of shareholdings in foreign undertakings by resident companies. Under a tax 
measure introduced in 2001 into the Spanish corporate tax, the financial goodwill resulting from the 
acquisition by a resident undertaking of a shareholding of at least 5% in a foreign company could be 
deducted,  in  the  form  of  an  amortisation.  However,  amortisation  was  not  allowed  for  similar 
acquisitions  in  domestic  companies.  The  Goodwill  I  and  II  decisions  dealt  with,  respectively, 
acquisitions within the EU and acquisitions in third countries. 
In particular, the CJEU identified the following criteria: 
-  The  determination  of  the  reference  system  must  follow  from  an  objective  examination  of  the 
content, the structure and the specific effects of the applicable rules under the national law. 
-  Where the tax measure in question is inseparable from the general tax system of the Member State 
concerned,  reference  must  be  made  to  that  system.  On  the  other  hand,  where  it  appears  that  the 
measure at issue is clearly severable from that general system, it cannot be ruled out that the reference 
framework to be taken into account may be more limited than that general system, or even that it may 
equate to that measure itself, where the latter appears as a rule having its own legal logic. 
- 
objectives pursued by the legislature when adopting the measure under examination. 

It is not necessary, during that first stage of the examination of selectivity, to take account of the 

87 

 
 
-  The  regulatory  technique  used  cannot  be  decisive  for  the  purposes  of  determining  the  reference 
framework. 
This judgement must be seen in combination with the 2016 judgement of the  CJEU on the same tax 
measure (see judgement in Joined Cases C-20/15 P, World Duty Free Group and C-21/15 P, Banco 
Santander) where it concluded that a measure that is in principle open to any undertaking can still be 
selective,  if  it  discriminates  between  two  sets  of  undertakings  that  are  in  a  comparable  factual  and 
legal situation (in this case, companies that carry out acquisitions in foreign countries and those that 
carry  out  acquisitions  in  Spain).  The  CJEU  had  also  found  that  it  was  not  necessary  for  the 
Commission to identify a category of undertakings that was exclusively favoured by the tax measure 
to assess its selective nature. 

88 

 
 
State aid decisions adopted under the Temporary Framework for State aid measures in 
2021380 by country 

ANNEX 1. 

Member State 

Case number  Title 

1 

Austria 

SA.60599 

2 

Austria 

SA.60290 

COVID-19: Third amendment of SA.56981 (2020/N): 
Austrian guarantee scheme on bridge loans under the 
Temporary  Framework  for  State  aid  measures  to 
support  the  economy  in  the  current  COVID-19 
outbreak 

COVID-19:  Modification  of  SA.57148  (2020/N): 
Support Measures by the States (Länder) of Carinthia, 
Upper  Austria,  Styria,  Tyrol  and  Vienna  under  the 
Temporary  Framework  for  State  aid  measures  to 
support  the  economy  in  the  current  COVID-19 
outbreak 

Decision date 

12-01-2021 

12-01-2021 

3 

4 

5 

6 

7 

8 

9 

10 

11 

Austria 

Austria 

SA.60117 

COVID-19; Support Scheme for Events I 

19-01-2021 

SA.61210 

COVID-19:  Fourth  amendment  to  the  existing  aid 
scheme SA.56981 under the Temporary Framework 

29-01-2021 

Austria 

SA.61614 

-  COVID-19:  Austrian  Liquidity  Assistance  Scheme 
(SA.56840) 

09-02-2021 

Austria 

SA.62010 

- COVID-19: Fixed Cost Compensation according to 
Chapter  3.12  of 
the  Temporary  Framework 
(SA.58661) 

COVID-19: 

SA.60321(2020/N); 
Compensation 
scheme:  Directive  for  fixed  cost  subsidies  for 
economic  activities  of  Non  Profit  Organisations 
(SA.57928 (2020/N)) 

24-02-2021 

Austria 

SA.62419 

SA.62419(2021/N)-Austria-  COVID-19  Amendment 
of the Support Scheme for Events I   

26-03-2021 

Austria 

SA.62288 

COVID-19  -  Amendment  to  the  State  (Land)  of 
Carinthia’s KWF Scheme 

30-03-2021 

Austria 

Austria 

SA.62569 

COVID 19 – Kurzarbeitsbonus 

SA.63291 

Guidelines  of  the  Lower  Austrian  Economic  and 
Tourism Fund - Funding program COVID-19   

02-06-2021 

17-06-2021 

Austria 

SA.63692 

Prolongation of COVID-19 schemes of Land Tyrol 

13-07-2021 

380 A number of these decisions have subsequently been amended. 

89 

 
 
 
 
                                                 
12 

13 

14 

15 

16 

Austria 

SA.63708 

Covid-19:  Fifth  Amendment  of  the  existing  aid 
scheme SA.56981 

15-07-2021 

Austria 

SA.64490 

COVID-19: Direct grants for publicly owned spas and 
indoor  pools  with  sauna  and/or  wellness  area  in 
Salzburg region 

03-09-2021 

Belgium 

SA.60198 

COVID-19:  Investment  aid  for  the  production  of 
COVID-19 related products (Université de Liège) 

12-01-2021 

Belgium 

SA.60414 

COVID-19: Investment aid scheme for the production 
of COVID-19 related products (Walloon Region) 

12-01-2021 

Belgium 

SA.60524 

17 

Belgium 

SA.61748 

COVID-19:  Flemish  Protection  Mechanism 
for 
undertakings that suffer a turnover decline due to the 
continuing Covid-19 measures of 28 October 2020 

29-01-2021 

Decision  of  the  Flemish  Government  regarding  a 
Covid-19  Globalisation  Mechanism  for  undertakings 
that  suffer  a  turnover  decline  due  to  the  Covid-19 
measures. 

22-02-2021 

18 

19 

20 

21 

22 

23 

24 

25 

26 

Belgium 

SA.61807 

COVID-19:  Aid  for  tourism  undertakings  in  the 
context of the coronavirus 

22-02-2021 

Belgium 

SA.62017 

COVID-19:  Support  from  the  Flemish  Government 
through  the  project  call  'Flanders  is  a  festival  2021' 
for organising festivals in the summer of 2021 in the 
context of the coronavirus 

11-03-2021 

Belgium 

SA.62156 

Modification 
Mechanism Covid-19 

to  SA.60524  Flemish  Protection 

21-03-2021 

Belgium 

SA.62042 

COVID-19: Amendments of approved measures 

26-03-2021 

Belgium 

SA.62393 

COVID-19: Aid for pig farmers with breeding sows 

29-03-2021 

Belgium 

SA.62032 

BE – COVID-19 – Subsidised loan scheme  - Société 
Régionale d’Investissement de Wallonie 

30-03-2021 

Belgium 

SA.62407 

COVID-19 - Scheme for support to hotels and similar 
accommodation in Wallonia 

08-04-2021 

Belgium 

SA.62336 

COVID  19-  support  for 
Wallonia 

tourism  attractions 

in 

09-04-2021 

Belgium 

SA.60682 

COVID  19  -  Prolongation  du  régime  d’aide  de  la 
SOWAER  en  faveur  des  sociétés  de  gestion  des 
aéroports  wallons.  L'aide  porte  sur  un  report  des 
redevance pour l’année 2021  

12-04-2021 

27 

Belgium 

SA.62430 

COVID-19  Decision  of  the  Flemish  Government 
for 
regarding 
undertakings with liquidity problems 

the  granting  of  a 

restart 

loan 

23-04-2021 

90 

 
Belgium 

SA.62466 

COVID-19 Aid to professional sport clubs - BE 

29-04-2021 

Belgium 

SA.62826 

Second Amendment to SA.60524 (2020/N) - COVID-
19:  Flemish  Protection  Mechanism  for  undertakings 
that  suffer  a  turnover  decline  due  to  the  continuing 
Covid-19 measures of 28 October 2020 

04-05-2021 

Belgium 

SA.62882 

COVID-19:  Aid  to  passengers  transport  sector  in 
Wallonia 

12-05-2021 

Belgium 

SA.62884 

32 

Belgium 

SA.62883 

Compensation  for  undertakings  active  in  BtoB  and 
indirectly  affected  by  closure  décisions 
the 
Walloon region 

in 

12-05-2021 

COVID-19: Régime wallon d’indemnité spécifique en 
faveur  de  certains  secteurs  touchés  indirectement  par 
des décisions de fermeture dans le cadre de la crise du 
coronavirus COVID-19 

17-05-2021 

Belgium 

SA.62562 

COVID  19  -  BE  -  Reduction  of  social  security 
contributions for the travel sector 

04-06-2021 

Belgium 

SA.62650 

COVID-19  -  BE  -  Réduction  groupe-cible  secteur 
événementiel 

04-06-2021 

Belgium 

SA.62651 

COVID-19  -  BE  -  Réduction  groupe-cible  secteur 
hôtelier 

04-06-2021 

Belgium 

SA.63215 

COVID-19: Support to tourist accommodation sector 
in Brussels 

18-06-2021 

Belgium 

SA.63286 

COVID-19:  Extension  Belgian  Loan  guarantee 
scheme  in response to the COVID-19 crisis aimed at 
SMEs (amendments to SA.57869 and SA.60114) 

18-06-2021 

Belgium 

SA.63252 

COVID-19:  Working  from  home  in  a  healthy  and 
vital way: call for projects 

30-06-2021 

Belgium 

SA.63242 

COVID-19:  Flemish  subordinated  loan  scheme  for 
start-ups, scale-ups, and SMEs 

05-07-2021 

Belgium 

SA.63243 

COVID-19:  Second  Flemish  subordinated 
scheme for start-ups, scale-ups and SMEs 

loan 

05-07-2021 

Belgium 

SA.63932 

COVID-19: Compensation for the costs of rebooking 
events in the Flemish Region. 

16-07-2021 

28 

29 

30 

31 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

Belgium 

SA.64030 

43 

Belgium 

SA.63950 

Mécanisme  de  résilience  pour  les  secteurs  les  plus 
durablement  touchés  depuis  le  début  de  la  crise  du 
coronavirus COVID-19 

22-07-2021 

COVID-19: Prolongation of “target group” reductions 
for  employers  active  in  the  travel  and  hotel  sectors 
(SA.62562 and SA.62651) 

28-07-2021 

91 

 
44 

Belgium 

SA.64031 

45 

Belgium 

SA.64488 

46 

Belgium 

SA.64072 

47 

Belgium 

SA.64739 

48 

Belgium 

SA.64071 

49 

Belgium 

SA.64775 

50 

Belgium 

SA.63490 

Indemnité 

Mise  en  place  d’un  mécanisme  B2B  «  cascade  Reca 
». 
des 
indépendants  et  entreprises  actifs  en  BtoB  dans  le 
secteur RECA. 

destination 

spécifique 

à 

30-07-2021 

COVID-19:  Flemish  Protection  Mechanism 
for 
undertakings that suffer a turnover decline due to the 
continuing  Covid-19  measures  of  28  October  2020 
(amendments to SA.60524, SA.62156, SA.62826) 

01-09-2021 

RRF  —  Strategic  investment  and  innovation  support 
to  social  economy  companies  in  the  context  of  the 
COVID-19 outbreak 

21-09-2021 

to  SA.64488 

Amendment 
(2021/N)-COVID-19: 
Flemish  Protection  Mechanism  for  undertakings  that 
suffer a turnover decline due to the continuing Covid-
19  measures  of  28  October  2020  (amendments  to 
SA.60524, SA.62156, SA.62826)  

24-09-2021 

COVID-19: RRF- Future oriented training support to 
social  economy  companies  in  the  context  of  the 
COVID-19 outbreak   

06-10-2021 

14-10-2021 

Projet  Arrêté  du  Gouvernement  de  la  Région  de 
Bruxelles-Capitale  relatif  à  une  aide  de  relance  aux 
entreprises  encore  fortement  impactées  des  secteurs 
des  discothèques,  des  restaurants  et  cafés  et  de 
certains de leurs fournisseurs, de l’événementiel, de la 
culture,  du  tourisme,  et  du  sport  et  du  transport  des 
voyageurs. 

COVID-19  –  BE  –  Deferral and  exemption  from  the 
annual  holiday  contribution  for  employers  in  the 
HoReCa sector 

18-10-2021 

51 

52 

53 

54 

55 

56 

Belgium 

SA.100118 

COVID-19 Tourism accommodation in Brussels II 

19-10-2021 

Belgium 

SA.100480 

COVID-19: Aid to Travel organisers 

Belgium 

SA.100716 

COVID-19:  financial  support  for  the  organisation  of 
events in the context of the COVID-19 health crisis in 
the Brussels-Capital Region  

15-11-2021 

06-12-2021 

Belgium 

SA.63455 

COVID-19  -  Measure  covering  fixed  costs  of 
Walloon airports 

15-12-2021 

Belgium 

SA.63245 

COVID-19  -  Capital  increase  in  Charleroi  Airport 
BSCA 

22-12-2021 

Bulgaria 

SA.60454 

COVID-19:  Grants  for  SMEs  affected  by  temporary 
anti-epidemic 
Operational 
Programme  Innovation  and  Competitiveness  2014-
2020 

measures 

under 

19-01-2021 

92 

 
57 

Bulgaria 

SA.61101 

58 

Bulgaria 

SA.61348 

59 

Bulgaria 

SA.62520 

Amendment  of  SA.57795  (2020/N)  and  57938 
(2020/N) 
BG16RFOP002-2.077 
„Supporting  medium  enterprises  to  overcome  the 
economic impact of the COVID-19 pandemic“. 

Bulgaria, 

20-01-2021 

COVID  -19  –  Second  modification  of  SA.  57759 
(2020/N) 
  -  Short-term  employment  support  in 
response  to  the  COVID-19  pandemic,  as  already 
modified by SA. 60082 (2020/N) 

30-03-2021 

COVID-19: Second amendment of scheme SA.60454 
(2020/N)  Grants  for  SMEs  affected  by  temporary 
Operational 
anti-epidemic 
Programme  Innovation  and  Competitiveness  2014-
2020 

measures 

under 

23-04-2021 

60 

61 

62 

Bulgaria 

SA.62887 

COVID-19: Aid scheme for tour operators 

25-05-2021 

Bulgaria 

SA.63638 

COVID  19:  Liquidity  aid  to  farmers  producing 
oilseed rose 

08-07-2021 

Bulgaria 

SA.63497 

Second  Block  notification  of  the  Bulgarian  approved 
measures  under 
- 
Amendment  of  measures  SA.57052,  SA.59704, 
SA.56905, 
SA.57283, 
SA.58050, SA.58095, SA.56933   

the  Temporary  Framework 

SA.60454, 

SA.57795, 

09-07-2021 

63 

Bulgaria 

SA.64528 

64 

Bulgaria 

SA.64711 

COVID-19:  Amendment  to  the  scheme  supporting 
small  enterprises  with  a  turnover  of  over  BGN  500 
000  to  overcome  the  economic  consequences  of  the 
COVID-19 pandemic 

01-09-2021 

amendment 
COVID-19:  Second 
(2020/N)  –  Intermediated  SME 
program  

to  SA.56933 
loan  guarantee 

01-10-2021 

Bulgaria 

SA.100255 

COVID-19: LIQUIDITY SUPPORT TO FARMERS 

27-10-2021 

Bulgaria 

SA.100427 

COVID-19: Aid to the tourism sector 

Bulgaria 

SA.100320 

COVID-19  -  BG  -  Compensation  for  employees  and 
self-insured  persons  with  activities  subject 
to 
temporary restrictions 

Support to micro, small, medium and large enterprises 
engaged in the carriage of passengers by coach or bus 
for overcoming the economic effect of the COVID-19 
pandemic 

08-11-2021 

09-11-2021 

16-11-2021 

68 

Bulgaria 

SA.100331 

65 

66 

67 

69 

70 

Croatia 

Croatia 

SA.60265 

COVID-19: Aid to the tourism and sport sectors 

11-01-2021 

SA.62105 

STATE  AID  PROGRAM  FOR  FATTENING  PIGS 
PRODUCERS DUE TO BUSINESS DIFFICULTIES 
CAUSED BY THE COVID-19 PANDEMIC 

05-03-2021 

93 

 
71 

72 

73 

Croatia 

SA.62383 

State  aid  in  fisheries  supporting  economy  -  COVID 
19 

25-03-2021 

Croatia 

SA.62616 

Croatia 

SA.64375 

COVID19  Amendments 
SA.56957, SA.57175, SA.57595, SA.60265 

schemes 

SA.56877, 

COVID-19: State aid Scheme to support the maritime, 
transport, transport infrastructure, tourism, and related 
the  COVID-19  outbreak 
sectors 
(amendments SA.57711) 

impacted  by 

12-05-2021 

06-09-2021 

74 

Croatia 

SA.64716 

75 

Croatia 

SA.100417 

STATE  AID  SCHEME  FOR  POULTRY  SECTOR 
DUE TO BUSINESS DIFFICULTIES CAUSED BY 
THE COVID-19 PANDEMIC 

05-10-2021 

STATE  AID  PROGRAMME  TO  PRIMARY 
PRODUCERS IN THE LIVESTOCK SECTOR DUE 
TO  BUSINESS  DIFFICULTIES  CAUSED  BY  THE 
COVID-19 PANDEMIC 

17-11-2021 

76 

77 

78 

79 

Croatia 

SA.100941 

COVID-19:  Prolongation  of  the  scheme  SA.64716 
(2021/N) 

17-12-2021 

Croatia 

SA.100942 

Amendment SA.100417 - Aid to primary producers in 
the livestock sector due to business difficulties caused 
by the COVID-19 pandemic 

20-12-2021 

Croatia 

Croatia 

SA.100913 

COVID19 - HR - Prolongation to SA.57711 

20-12-2021 

SA.100912 

COVID-19:  Prolongation  of  the  schemes  SA.56877, 
SA.56957,  SA.57175  and  SA.57595,  as  already 
amended 

21-12-2021 

80 

Croatia 

SA.100975 

81 

Cyprus 

SA.59668 

COVID-19:  Prolongation  of  the  schemes  SA.56877, 
SA.56957,  SA.57175  and  SA.57595,  as  already 
amended 

21-12-2021 

COVID  19-  Aid  in  the  form  of  guarantees  on  credit 
notes  issued  for  consumers  and  package  travel 
organisers 

12-01-2021 

82 

83 

84 

85 

Cyprus 

SA.60661 

COVID-19 – Cyprus – Prolongation of SA.57691 and 
SA.57654  

26-01-2021 

Cyprus 

SA.60274 

COVID-19: Subsidy schemes for enterprises and self-
employed affected by COVID-19 

29-01-2021 

Cyprus 

SA.61839 

COVID-19 - Support to enterprises and self-employed 
persons under mandatory suspension 

08-03-2021 

Cyprus 

SA.62216 

COVID  19:  Amendment  to  Interest  rate  subsidy 
scheme for new business loans 

18-03-2021 

86 

Cyprus 

SA.61515 

COVID-19  –  Working  Capital  Loans  in  the  Context  24-03-2021 

94 

 
87 

Cyprus 

SA.62228 

of the Cyprus Energy Fund of Funds 

COVID-19: Aid scheme in support of the agricultural 
sector  to  address  the  impact  of  the  COVID-19 
outbreak on the basis of the EU State aid Temporary 
Framework, succeeding SA.57587 (2020/N) 

29-03-2021 

88 

89 

Cyprus 

SA.62199 

Incentive  scheme  for  Tour  Operators  to  mitigate  the 
effects of COVID-19 on tourism.  

13-04-2021 

Cyprus 

SA.62693 

State  Aid  SA.  62228 

(2021/N)  –  Cyprus 

23-04-2021 

COVID-19:  Aid  measure 
agricultural 

in 
sector 

support  of 

the 
to 

address the impact of the COVID-19 outbreak on the 
EU 
basis 

the 

of 

90 

Cyprus 

SA.62397 

91 

Cyprus 

SA.62908 

State  aid  Temporary  Framework,  succeeding  SA. 
57587 (2020/N) 

COVID-19:  Cyprus  special  schemes 
subsidies 
to  undertakings 
activities 

for  wage 
in  certain  economic 

06-05-2021 

COVID-19:  Aid  in  the  form  of  guarantees  on  credit 
notes  issued  for  consumers  and  package  travel 
organisers 

11-05-2021 

Cyprus 

SA.63695 

COVID-19  -  Amendments  to  SA.57691,SA.59668, 
SA.61839, SA.62228 and SA.62397 

09-07-2021 

92 

93 

Cyprus 

SA.64326 

94 

Cyprus 

SA.64602 

95 

Cyprus 

SA.63515 

96 

Cyprus 

SA.101028 

COVID-19:  Government  Guarantee  Scheme  towards 
credit  institutions  for  the  granting  of  loans  to 
businesses and self-employed individuals 

17-08-2021 

Support scheme for the wine sector due to the impact 
of  restrictive  measures  implemented  because  of  the 
Covid 19 pandemic 

22-09-2021 

COVID-19: Aid in  favour of SMEs which lease land 
belonging to Turkish Cypriots, State land and forestry 
land 

24-09-2021 

COVID-19:  Prolongation  of  the  schemes  SA.59668 
(2020/N),  SA.61515  (2021/N),  SA.62228  (2021/N) 
and SA.64326 (2021/N) 

22-12-2021 

97 

98 

Czechia 

SA.59899 

COVID  19 
Antivirus Plus 

-  Targeted  Employment  Program 

12-01-2021 

Czechia 

SA.59334 

COVID  19  –  Amendment  to  wage  subsidy  scheme 
(SA.57102) 

12-01-2021 

95 

 
 
 
 
99 

100 

101 

102 

103 

104 

105 

106 

Czechia 

SA.61234 

CZ - COVID-Gastronomy - Closed establishments 

27-01-2021 

Czechia 

SA.61358 

COVID-19  -  CZ  -  Compensation  bonus  to  self-
employed  persons  and  to  partners  in  small  limited 
liability companies  

12-02-2021 

Czechia 

SA.61361 

COVID 19 – support to entrepreneurs ( rent – call 3) 

23-02-2021 

Czechia 

SA.62044 

Aid to mitigate the impact of SARS COV-19 outbreak 
on agrifood production (AGRICOVID II) 

01-03-2021 

Czechia 

SA.61808 

COVID-19: Support for operators of ski resorts 

05-03-2021 

Czechia 

SA.62040 

COVID19:  Modifications  to  SA.58213,  SA.59536, 
SA.58167, 
SA.57195, 
SA.58198, SA.61234, SA.59118 and SA.57094 

SA.57358, 

SA.57149, 

Czechia 

SA.60280 

COVID-19: support to tour operators 

Czechia 

SA.59401 

COVID  fix  costs  scheme  for  Exhibitions,  fairs, 
conferences and business events - CZ 

05-03-2021 

19-03-2021 

29-03-2021 

107 

Czechia 

SA.61470 

COVID-19:  Aid  in  the  form  of  guarantees  on 
investment loans 

29-03-2021 

108 

109 

110 

111 

112 

Czechia 

SA.61824 

COVID-19: Third amendment to SA.57094 (2020/N) 

29-03-2021 

Czechia 

SA.61948 

COVID19 – support to accommodation facilities II 

06-04-2021 

Czechia 

SA.62477 

COVID-19: Programme of uncovered fixed costs 

26-04-2021 

Czechia 

SA.61837 

COVID Guarantees for travel agencies 

Czechia 

SA.62471 

for  Programmes 

to  Support 
Umbrella  Scheme 
Entrepreneurs  Affected  by  the  Worldwide  Spread  of 
COVID-19  under 
section  3.1  of  Temporary 
Framework 

10-05-2021 

10-05-2021 

113 

Czechia 

SA.62362 

COVID-19  Support  programme  for  the  audiovisual 
sector – CZ 

27-05-2021 

114 

Czechia 

SA.60062 

COVID-19:  Aid  for  the  extraordinary  direct  costs 
faced  by  Czech 
television  network 
terrestrial 
operators 

13-07-2021 

115 

Czechia 

SA.62970 

COVID-19  Deferral  of  payment  of  public  health 
insurance premiums for the self-employed 

02-08-2021 

116 

Czechia 

SA.62442 

COVID  19  –  Amendment  to  Targeted  Employment 
Program Antivirus Plus (SA.59899) 

28-09-2021 

117 

Czechia 

SA.62441 

COVID  19  –  Amendment  to  wage  subsidy  scheme 
(SA.57102 & SA.59334) 

28-09-2021 

118 

Czechia 

SA.100663 

COVID-19  -  CZ  -  Targeted  Employment  Program 
„Antivirus“ 

02-12-2021 

96 

 
119 

Czechia 

SA.100917 

COVID-19:  Prolongation  of  the  schemes  SA.57358, 
as  already  amended,  SA.58018,  as  already  amended, 
SA.58167, as already amended, SA.62471, SA.62477 
and SA.62970 

21-12-2021 

120 

Denmark 

SA.60074 

COVID-19  compensation  scheme  for  TV  producers-
DK 

18-01-2021 

121 

Denmark 

SA.61233 

-  Credit 
COVID-19 
withholding taxes for SME employers 

facility  and  deferral  of 

25-01-2021 

122 

123 

Denmark 

SA.61809 

COVID-19 -Demark -4th amendment to SA.57164 

17-02-2021 

Denmark 

SA.61946 

COVID-19: Compensation scheme for self-employed 
affected by Covid-19 related measures. 

27-02-2021 

124 

Denmark 

SA.61947 

COVID19  Modifications  to  SA.59960,  SA.58515, 
SA.59414, SA.56708, SA.56808 

03-03-2021 

125 

Denmark 

SA.61943 

Credit Facility and Deferral of VAT liabilities due by 
SMEs 

05-03-2021 

126 

Denmark 

SA.62035 

COVID-19 - Aid scheme  for discounts on tickets for 
cultural events 

23-03-2021 

127 

Denmark 

SA.62599 

128 

Denmark 

SA.63019 

COVID-19:  Modification  to  SA.59370  scheme  to 
support  airlines  holding  a  Danish  air  operator 
certificate  

30-04-2021 

COVID  19  –  Third  amendment  to  the  Danish  wage 
compensation  scheme  for  undertakings  prohibited 
from operating (SA.58515).  

20-05-2021 

129 

Denmark 

SA.63029 

COVID-19:Aid  for 
Denmark- DK  

local  weekly  newspapers 

in 

21-05-2021 

130 

Denmark 

SA.62998 

131 

Denmark 

SA.62998 

COVID-19  -  Aid  scheme  relating  to  VAT  Rate  for 
Medium-sized Enterprises with due date 1 June 2021 
as well as an Amendment regarding Case SA.61233 

25-05-2021 

COVID-19  -  Aid  scheme  relating  to  VAT  Rate  for 
Medium-sized Enterprises with due date 1 June 2021 
as well as an Amendment regarding Case SA.61233 

25-05-2021 

132 

Denmark 

SA.62881 

COVID-19 aid scheme supporting providers of public 
passenger transport by rail 

21-06-2021 

133 

134 

Denmark 

SA.63250 

SA.63250 COVID-19 – Subsidised loan to SAS 

09-07-2021 

Denmark 

SA.63201 

Second amendment to the umbrella schemes under TF 
3.1 and 3.12 

15-07-2021 

135 

Denmark 

SA.63654 

COVID-19:  Amendment  to  aid  scheme  to  support 
airlines  holding  a  Danish  air  operator  certificate 
(SA.59370 as amended by SA.62599) 

16-07-2021 

97 

 
136 

Denmark 

SA.64159 

COVID-19:  Danish  aid  scheme  for  event  suppliers 
(under TF 3.1) 

30-07-2021 

137 

138 

Denmark 

SA.63958 

State aid to Bavarian Nordic A/S.  

Denmark 

SA.64616 

COVID-19:  Amendments 
Compensation scheme for TV producers 

to  SA.60074(2021/N)- 

23-08-2021 

09-09-2021 

139 

Denmark 

SA.64617 

amendment 
COVID-19 
SA.56708 and SA.56808  

to  guarantee 

schemes 

15-09-2021 

28-09-2021 

14-10-2021 

03-12-2021 

17-12-2021 

140 

141 

Denmark 

SA.64773 

Prolongation of SA.57678 

Denmark 

SA.100192 

COVID-19  -  DK  -  Amendment  to  SA.57027  (Credit 
facility  and  tax  deferrals  linked  to  VAT  and  payroll 
tax),  SA.59341  (Amendment  to  SA.57027  -  Credit 
facility  and  tax  deferrals  linked  to  VAT  and  payroll 
tax)  and  SA.61943  (Credit  facility  and  Deferral  of 
VAT liabilities due by SMEs) 

142 

Denmark 

SA.100368 

143 

Denmark 

SA.100775 

144 

Denmark 

SA.100776 

145 

Estonia 

SA.61615 

COVID-19:  Support 
additional fee to cover bankruptcies 

to 

travel  operators  for  an 

COVID-19:  Third  amendment  to  the  compensation 
scheme  for  fixed  cost  SA.60081  (umbrella  scheme 
under  TF.3.1)  as  amended  by  SA.61241  and 
SA.63201 

COVID-19:  Third  amendment  to  the  compensation 
scheme  for  fixed  costs  SA.60094  (umbrella  scheme 
under  TF.3.12)  as  amended  by  SA.  61242  and 
SA.63201 

17-12-2021 

COVID-19:  Remuneration  allowance  and  partial 
compensation  in  connection  with  COVID-19  disease 
prevention  restrictions  to  undertakings  in  Ida-Viru 
and Harju County.  

17-02-2021 

146 

Estonia 

SA.61586 

Covid  19  –  support  to  culture  organisers  in  Ida-Viru 
and Harju County 

18-02-2021 

147 

Estonia 

SA.60666 

Exceptional temporary support due to the COVID-19 
outbreak for farmers  

15-03-2021 

148 

Estonia 

SA.61591 

COVID-19:  Aid  to  undertakings  in  tourism  and 
directly related sectors 2 

25-03-2021 

149 

Estonia 

SA.62513 

COVID-19:  Experimental  development  support  for 
COVID-19  relevant  products  and  services    (TF 
section 3.6) 

14-04-2021 

150 

Estonia 

SA.62690 

COVID-19:  Amendments  to    schemes  SA.56804, 
SA.57028 and SA.59278 

23-04-2021 

98 

 
151 

Estonia 

SA.62815 

COVID  19  -  Emergency  Assistance 
organisers due to the outbreak of COVID-19 

to  culture 

07-05-2021 

152 

Estonia 

SA.62825 

COVID-19: Aid to undertakings in tourism and retail 
sectors (TF section 3.1) 

12-05-2021 

153 

Estonia 

SA.62801 

COVID-19:  Aid  to  production  and  distribution  of 
films (including cinemas) – EE 

26-05-2021 

154 

Estonia 

SA.62921 

COVID-19:Aid  to  providers  of  commercial  regular 
bus services 

03-06-2021 

155 

Estonia 

SA.63197 

COVID-19:  amendments  to  SA.57014  (2020/N)  and 
SA.58783 (2020/N) 

04-06-2021 

156 

Estonia 

SA.63164 

157 

Estonia 

SA.63122 

COVID-19:  Emergency  aid  for  the  restructuring  of  a 
cultural  operator’s  service,  product,  business  process 
or  business  model  due  to  a  COVID-19  outbreak  and 
emergency  aid  to  cultural  and  sports  public  entities, 
foundations set up by the State and public authorities 
managed  by  government  agencies  due  to  COVID-19 
related restrictions  

COVID-19:  Emergency  assistance  for  operators  of 
experience  centres  and  operators  of  other  buildings 
used  for  conferences  or  similar  events  that  have 
suffered  due  to  the  restrictions  on  the  spread  of 
COVID-19 virus  

11-06-2021 

11-06-2021 

158 

Estonia 

SA.63701 

COVID  19:  support 
organizers in the cultural sector 

to  event  and  conference 

15-07-2021 

159 

Estonia 

SA.63935 

Exceptional  support  to  fish  processors  due  to  Covid-
19 outbreak  

29-07-2021 

160 

Estonia 

SA.64220 

COVID-19  -  Support  to  tourism,  retail  sector  and 
to  SA.61591, 
conference  venues 
SA.62825 and SA.63122) 

(amendments 

13-08-2021 

161 

Estonia 

SA.100636 

Exceptional  support  to  dairy  and  pigmeat  producers 
due to the COVID-19 outbreak 

07-12-2021 

162 

Estonia 

SA.100927 

COVID-19:  Amendments  to  the  schemes  SA.59278, 
SA.62513, SA.57014 and SA.58783 

21-12-2021 

163 

Finland 

SA.61987 

COVID-19: Direct development grant to undertakings 
in  the  fisheries  sector  to  increase  the  use  of  under-
exploited domestic fish 

01-03-2021 

164 

Finland 

SA.61959 

COVID19  Modifications  to  SA.56995,  SA.57059, 
SA.57221, SA.57231 and to SA. 57192 

10-03-2021 

165 

Finland 

SA.59132 

COVID-19: aid to Finavia 

17-03-2021 

99 

 
166 

Finland 

SA.62290 

State  Aid 

SA.62290 

(2021/N) 

– 

Finland 

21-04-2021 

COVID-19:  Amendment  to  the  scheme  SA.57059 
(2020/N)  –  COVID-19:  Loan  guarantee  and 
subsidised  interest  rate  loan  scheme  for  undertakings 
most affected by COVID-19  

167 

Finland 

SA.63205 

Support  for  uncovered  fixed  costs  under  Temporary 
Framework Section 3.12 

09-06-2021 

168 

Finland 

SA.63500 

COVID-19:  COVID-19:  Temporary 
undertakings 
the 
SA.57221, SA.57958, SA.59332 and SA.61959 

to 
fisheries  sector,  amending 

aid 

in 

28-06-2021 

169 

170 

Finland 

France 

SA.59897 

SA.100811 

COVID19 Modifications to SA.56995 and SA.57059 

20-12-2021 

les 
Amendement  des  mesures  approuvées  par 
décisions  SA.56709  (2020/N),  SA.57502  (2020/N), 
SA.57989 (2020/N) et SA.58475 (2020/N) – France – 
COVID-19:  Plan  de  sécurisation  du  financement  des 
entreprises 

12-01-2021 

Covid-19:  Régime  d’aides  sous  la  forme  d’une 
compensation  pour  les  congés  payés  acquis  en 
période d’activité partielle  

26-01-2021 

171 

France 

SA.60965 

172 

France 

SA.61330 

COVID-19:  Régime  d’aides  destinées  à  compenser 
les coûts fixes non couverts des entreprises 

09-03-2021 

173 

France 

SA.62102 

France  -  COVID-19  –  Amendment  of  State  aid 
measures 
SA.56868, 
SA.57219,  SA.57367,  SA.57695,  SA.57754  and 
SA.60965 

SA.56709, 

SA.56985, 

16-03-2021 

174 

France 

SA.62255 

COVID-19  :  Compensation  for  losses  suffered  by 
horticulturalists 

19-03-2021 

175 

France 

SA.59913 

COVID-19  –  Recapitalisation  of  Air  France  and  the 
Air France – KLM Holding 

05-04-2021 

176 

France 

SA.62568 

177 

France 

SA.63043 

: 

crédit 

exceptionnel 
COVID-19 
d'accompagnement  à  la  sortie  du  glyphosate  en  lien 
avec  les  difficultés  rencontrées  par  les  entreprises 
agricoles en raison de la crise de la COVID-19 

d'impôt 

Amendement  des  mesures  approuvées  par 
les 
décisions  SA.56709  (2020/N),  SA.57502  (2020/N), 
SA.57989 (2020/N), SA.58475 (2020/N) et SA.59897 
(2021/N)  –  COVID-19:  Plan  de  sécurisation  du 
financement des entreprises 

12-05-2021 

02-06-2021 

178 

France 

SA.63564 

COVID-19 : compensations for beef cattle farmers 

28-06-2021 

100 

 
 
179 

France 

SA.62999 

COVID-19:  Aid  in  the  form  of  exemptions  from 
social  security  contributions  («  Régime  d'aides  sous 
forme d'exonérations de cotisations sociales ») 

27-07-2021 

180 

France 

SA.63656 

COVID-19:  Transition  Fund  for  certain  enterprises 
outbreak 
affected 

COVID-19 

the 

by 

14-09-2021 

181 

France 

SA.100299 

182 

France 

SA.64114 

COVID-19  :  aide  spécifique  de  compensation  des 
pertes  dans  le  secteur  de  la  viande  bovine  sur  la 
période du 1er avril 2020 au 31 mars 2021 

26-10-2021 

COVID 19 - Compensation partielle des charges fixes 
des  entreprises  affectées  par  la  crise  COVID-19  en 
raison  des  mesures  administratives  d’interdiction 
d’accueil du public 

26-11-2021 

183 

France 

SA.100430 

COVID-19  -  Garantie  au  bénéfice  d’Air  France 
(prolongation de la mesure d'aide SA.57082) 

01-12-2021 

184 

France 

SA.100739 

185 

France 

SA.100959 

Amendment  of  the  aid  measure  SA.59913:  COVID-
19  –  Recapitalisation  of  Air  France  and  the  Air 
France – KLM Holding 

17-12-2021 

COVID-19:  Modification  des 
SA.57367, 
SA.56985, 
SA.56709, 
SA.57754, 
SA.62568, 
SA.61330, 
SA.63656 et SA.100299 and SA.60965 

régimes  d'aides 
SA.57695, 
SA.62999, 

20-12-2021 

186 

187 

188 

189 

190 

Germany 

SA.59812 

COVID 19 - Recapitalisation of TUI 

Germany 

SA.61744 

and 

to  SA.56790, 
Modification 
SA.59289,  SA.  56814,  SA.58504,  SA.56787, 
SA.56863, SA.57100. SA.57447-Covid 

amendment 

04-01-2021 

12-02-2021 

Germany 

SA.62099 

Second amendment of the COVID-19 airport scheme 

16-03-2021 

Germany 

SA.63063 

COVID-19: German Travel Insolvency Fund 

09-07-2021 

Germany 

SA.100743 

191 

Greece 

SA.61573 

COVID19  modifications  to  SA.56790,  SA.59289, 
SA.56814, 
SA.58021, 
SA.58504, 
SA.57100, and SA.57447 

SA.56787, 

21-12-2021 

Aid to KTEL and KTEL S.A. bus companies  for the 
compulsory vacancy rate imposed, due to COVID -19 
outbreak  

18-02-2021 

192 

Greece 

SA.61802 

COVID-19:  2nd  ROUND  OF  SUPPORT  TO  SME 
LOAN OBLIGATIONS DUE TO COVID-19  

19-02-2021 

193 

Greece 

SA.61916 

COVID19  –  Amendment  to  SA.59033  -  Aid  for 
cultural activities in the Municipality of Athens 

19-02-2021 

101 

 
 
 
194 

Greece 

SA.61843 

COVID 19-HR-  MODIFICATIONS TO  SA.56839, 
SA.58367, SA.58616 AND SA.58368 

19-02-2021 

195 

Greece 

SA.62095 

196 

Greece 

SA.62098 

Support to primary producers in the sectors of buffalo 
breeding, outdoor watermelon production, greenhouse 
crops  production  and  summer  and  autumn  potatoes 
production 
the  COVID-19  Temporary 
Framework  

under 

05-03-2021 

WORKING CAPITAL FOR MICRO AND SMALL-
MEDIUM 
IN  THE  WHOLE 
COUNTRY,  MEMBERS  OF  THE  NATIONAL 
REGISTRY: ELEVATE GREECE 

START-UPS 

08-03-2021 

197 

Greece 

SA.62264 

COVID-19:  Amendments  of  SA.58367  ,  SA.58616 
and  SA.59033  

18-03-2021 

198 

Greece 

SA.62171 

COVID 19- aid to entities operating tourist buses and 
trains 

23-03-2021 

199 

Greece 

SA.58824 

Covid 19: planned support in favour of Energean Oil 
& Gas 

24-03-2021 

200 

Greece 

SA.62016 

3rd  amendment  to  capped  business  loans  portfolio 
guarantees for new working capital loans in COVID-
19 outbreak 

21-04-2021 

201 

202 

203 

204 

Greece 

Greece 

Greece 

Greece 

SA.62626 

COVID-19: Subsidy to food service enterprises 

11-05-2021 

SA.62341 

COVID 19: Subsidies for SMEs (“Gefyra II”) 

12-05-2021 

SA.63123 

COVID-19: Support to tourism sector 

SA.62835 

Capped  Business  Loan  Portfolio  Guarantees  for  new 
loans  in  the  construction  sector  during  COVID-19 
outbreak 

01-06-2021 

11-06-2021 

205 

Greece 

SA.63004 

COVID-19-Aid 

to 

the 

audiovisual 

sector-EL 

29-06-2021 

206 

Greece 

SA.63570 

COVID-19:  Grants  throughout  the  country  for  the 
agricultural sectors of i. Pig breeding, ii. Native black 
pig breeding and iii. Honey production 

01-07-2021 

207 

Greece 

SA.62081 

COVID-19:  Amendment  to  Repayable  Advances 
Scheme (Round 5) 

01-07-2021 

208 

Greece 

SA.62699 

COVID  19  –  support  to  theatres  and  other  cultural 
venues 

05-07-2021 

209 

Greece 

SA.63896 

COVID  19  -  Aid  to  Newspapers  and  Magazines, 
Regional Media Service Providers and Radio Stations 
- EL  

27-07-2021 

102 

 
 
  
210 

Greece 

SA.64273 

Amendment  of  the  Repayable  Advance  Schemes  for 
enterprises  affected  by 
the  Covid-19  outbreak 
(Rounds 1-5) 

05-08-2021 

211 

Greece 

SA.61574 

COVID-19:  Aid  scheme  for  uncovered  fixed  costs 
under the Temporary Framework 

27-08-2021 

212 

Greece 

SA.100006 

COVID-19:  Aid 
(amendment to SA.63896 (2021/N)) 

to  electronic  media  providers 

12-10-2021 

213 

Greece 

SA.100637 

COVID-19:  Amendment  of  the  Repayable  Advance 
Schemes  for  enterprises  affected  by  the  Covid-19 
outbreak - Rounds 1-5   (amendments to SA.56815 as 
amended) 

18-11-2021 

214 

215 

Greece 

Greece 

SA.100534 

COVID-19: Aid to port authorities in Greece 

13-12-2021 

SA.100951 

COVID-19 - EL - Direct Grant to enterprises of North 
Evia affected by Covid-19 

14-12-2021 

216 

Greece 

SA.100904 

217 

Hungary 

SA.60909 

218 

Hungary 

SA.61329 

219 

Hungary 

SA.60910 

to 

theaters,  music  stages,  dance 
“Financial  aid 
theaters,  concert  halls,  performance  venues  and  film 
companies  and  distributors  of  films,  in  dealing  with 
the effects of COVID-19 for the year 2021”-   

21-12-2021 

COVID-19-  Scheme  for  supporting  the  employment 
of  researchers  and  developers  in  all  sectors  affected 
by  second  wave  of 
the  coronavirus  outbreak 
(Prolongation and modification of SA.57007) 

23-01-2021 

2nd amendment request for the SA.59477 COVID-19: 
Scheme for the protection of the economy during the 
second state of emergency scheme 

28-01-2021 

COVID-19 scheme for the reduction of local business 
tax  rates  applicable  to  small  and  medium-sized 
enterprises to moderate the effects of the coronavirus 
pandemic on the economy 

29-01-2021 

220 

Hungary 

SA.61842 

 Collective amendment of existing schemes under the 
fifth amendment of the Temporary Framework 

17-02-2021 

221 

Hungary 

SA.62250 

222 

Hungary 

SA.62359 

223 

Hungary 

SA.62268 

SA.62250,  SA.62359  and  SA.62268:  COVID-19  - 
Amendments  to  the  schemes  SA.57269,  SA.58420, 
SA.57064 and SA.59477 

29-03-2021 

SA.62250,  SA.62359  and  SA.62268:  COVID-19  - 
Amendments  to  the  schemes  SA.57269,  SA.58420, 
SA.57064 and SA.59477 

29-03-2021 

SA.62250,  SA.62359  and  SA.62268:  COVID-19  - 
Amendments  to  the  schemes  SA.57269,  SA.58420, 
SA.57064 and SA.59477 

29-03-2021 

103 

 
224 

Hungary 

SA.62449 

225 

Hungary 

SA.62363 

226 

Hungary 

SA.62560 

227 

Hungary 

SA.62526 

228 

Hungary 

SA.62913 

229 

Hungary 

SA.63066 

230 

Hungary 

SA.63175 

231 

Hungary 

SA.63616 

232 

Hungary 

SA.64593 

233 

Hungary 

SA.100796 

234 

Ireland 

SA.61617 

7th  amendment  to  SA.57468  (2020/N)  -  COVID-19: 
Umbrella  scheme  of  direct  grants  provided  from  the 
appropriations  managed  at  the  level  of  ministries’ 
budgetary chapters 

12-04-2021 

COVID-19:  Umbrella  scheme  supervised  by  the 
Cabinet  Office  of  the  Prime  Minister  to  support  the 
economy in the COVID-19 outbreak 

16-04-2021 

COVID-19:  Modification  to  SA.57121  (2020/N)  - 
Loan  guarantee  scheme  under 
the  Temporary 
Framework  for  State  aid  measures  to  support  the 
economy in the current COVID-19 outbreak 

04-05-2021 

5th  amendment  to  SA.56926  (2020/N)  -  COVID-19: 
Aid  measures  for  increasing  competitiveness  of 
undertakings in relation with the COVID-19 outbreak 

06-05-2021 

Fifth  amendment  to  the  scheme  SA.59477:  COVID-
19: Scheme for the protection of the economy during 
the second state of emergency  

12-05-2021 

COVID-19:  4th  Amendment  to  SA.56994  (2020/N) 
on  Aid  from  Structural  Funds  aiming  at  supporting 
undertakings  affected  by  the  economic  repercussions 
of the COVID-19 

28-05-2021 

amendment 

COVID-19:  Eighth 
to  SA.57468 
(2020/N)  -  COVID-19:  Umbrella  scheme  of  direct 
grants  provided  from  the  appropriations  managed  at 
the level of ministries’ budgetary chapters 

02-06-2021 

Amendments to SA.58202 - COVID-19 Related R&D 
and  production  support  scheme  and  SA.57468  - 
COVID-19 Umbrella scheme of direct grants 

12-07-2021 

to  SA.57064,  10th 
COVID-19:  8th  amendment 
amendment  to  SA.57468,  and  2nd  amendment  to 
SA.57007 

08-09-2021 

COVID19  Modifications  to  SA.56926,  SA.56994, 
SA.57121, 
SA.57064, 
SA.57269, 
SA.57198, 
SA.57329, 
  SA.57468,  SA.58202,  SA.58420, 
SA.60910, SA.62363 

17-12-2021 

COVID-19: 
(SA.57036, as amended by SA. 58043)  

Sustaining 

Enterprise 

Scheme 

31-01-2021 

235 

236 

237 

Ireland 

Ireland 

Ireland 

SA.59709 

Ireland – COVID-19 - Aid to airport operators  

23-02-2021 

SA.61236 

COVID-19 Tourism Business Continuity Scheme 

08-03-2021 

SA.62293 

COVID 19: Liquidity aid to beef farmers 

19-03-2021 

104 

 
238 

Ireland 

SA.62301 

Ireland  –  Small  Business  Assistance  Scheme  for 
COVID (SBASC)  

31-03-2021 

239 

Ireland 

SA.62209 

COVID19  -  Amendments  of  SA.57453,  SA.57465, 
SA.58214, SA.58955, SA.59719 

19-04-2021 

240 

241 

242 

243 

244 

245 

246 

Ireland 

Ireland 

Ireland 

Ireland 

Ireland 

Ireland 

Ireland 

SA.63067 

COVID-19: Live Performance Support Scheme 2021 

28-05-2021 

SA.63482 

COVID-19:  Expanded  Small  Business  Assistance 
Scheme  for  COVID  (SBASC)  (amendments 
to 
SA.62301). 

22-06-2021 

SA.63264 

COVID-19: Regional Enterprise Transition Scheme  

23-07-2021 

SA.63009 

COVID-19: Aid to Licensed Bus Operators 

05-08-2021 

SA.64443 

COVID  19  Coach  Tourism  Business  Continuity 
Scheme 

20-08-2021 

SA.64412 

COVID-19: Events Sector Covid Support Scheme 

27-08-2021 

SA.100025 

COVID-19  -  IE  -Events  Sector  Covid  Support 
Scheme - Amendment SA 64412 

07-10-2021 

247 

Ireland 

SA.100526 

COVID-19: Commercial Entertainment Capital Grant 
Scheme 

01-12-2021 

248 

Ireland 

SA.100717 

COVID19  -  IE  -  Prolongation  and  amendment  of 
schemes SA.57453, SA.57465, SA.61236,  SA.57036, 
SA.59709 and SA.63067 

02-12-2021 

249 

Ireland 

SA.100481 

Amendment  of  SA.59709  -  Ireland  –  COVID-19  - 
Aid to airport operators 

03-12-2021 

250 

Ireland 

SA.101046 

COVID-19  -  IE  -  Aid  to  Licenced  Bus  Operators 
(amendment to SA.63009) 

20-12-2021 

251 

Italy 

SA.60402 

252 

Italy 

SA.61599 

COVID-19: Amendment to SA.57891  - Direct grants 
to 
international 
activities and operations 

Italian  companies  engaging 

in 

COVID-19:  Measures  to  support  micro,  small  and 
medium-sized  enterprises  owning  the  service  of 
distributing  fuel  on  motorways  for  the  COVID-19 
emergency period 

12-01-2021 

11-02-2021 

253 

Italy 

SA.61438 

COVID-19:  Fourth  Amendment  of 
SA.57068 (2020/N) 

the  scheme 

11-02-2021 

254 

Italy 

SA.61940 

COVID-19:Partial  exemption  from  the  payment  of 
social security contribution in disadvantaged areas.   

18-02-2021 

255 

Italy 

SA.61939 

COVID-19:  Exemption 
security 
contribution  payments  for  private  employers  not 
applying for wage support measures 

social 

from 

23-02-2021 

105 

 
256 

Italy 

SA.61774 

COVID-19 vaccine development project by ReiThera 
S.r.l. 

26-02-2021 

257 

Italy 

SA.61841 

COVID-19  Aid  to  organisers  of  international  sport 
events - IT 

16-03-2021 

258 

Italy 

SA.61294 

COVID-19 - Support to undertakings in the trade fair 
sector under section 3.12 TF 

16-03-2021 

259 

Italy 

SA.62420 

260 

Italy 

SA.62356 

COVID-19:  Amendment  to  SA.57891  (2020/N),  as 
(2020/N)  and 
already  amended  by  SA.59655 
SA.60402 
Italian 
(2020/N):  Direct  grants 
companies  engaging  in  international  activities  and 
operations 

to 

Prolongation  of  and  amendments 
to  SA.59755 
(2020/N) – Italy – COVID-19: Aid for tour operators 
and travel agencies and SA.59992 (2020/N)  – Italy – 
COVID-19: Support measure for the congress and fair 
industry 

26-03-2021 

29-03-2021 

261 

Italy 

SA.62108 

Covid  19:Compensation 
companies 

scheme 

for  mooring 

06-04-2021 

262 

Italy 

SA.62495 

COVID-19:  amendment  to  SA.57021  –  Regime 
Quadro– prolongation of the measures and increase of 
the aid ceilings related to the measures 3.1 and 3.12 of 
the Temporary Framework 

09-04-2021 

263 

264 

265 

Italy 

Italy 

Italy 

SA.62544 

COVID-19: Modification to SA.57349 (2020/N) 

12-04-2021 

SA.62525 

COVID 19: aid to shipping companies  

14-04-2021 

SA.62409 

COVID-19:  Modifications 
SA.57252 (2020/N) 

to  SA.57005 

and 

16-04-2021 

266 

Italy 

SA.62504 

267 

Italy 

SA.62793 

Covid-19  -  Italy  -  Amendment  of  scheme  SA.61294 
(2021/N) - Italy - Covid-19 - Support to undertakings 
in the trade fair sector under section 3.12 TF 

04-05-2021 

Support  measures  for  undertakings  carrying  out 
activities  in  the  agricultural,  forestry,  fishery  and 
aquaculture  sectors  and  the  activities  related  thereto, 
in relation with the Covid-19 outbreak crisis 

06-05-2021 

268 

Italy 

SA.62503 

COVID  19:  Aid  to  companies  managing  passenger 
port terminals 

18-05-2021 

269 

Italy 

SA.62799 

COVID-19:  Amendment  to  SA.58208  (2020/N)  – 
Italy  “COVID-19:  Aid  in  the  form  of  guarantees  on 
loans  and  subsidised  interest  rates  managed  by  the 
“Istituto  per  il  Credito  Sportivo”  as  provided  by 
Article  14,  Para  1  and  2  of  Law  Decree  of  8  April 
2020" 

26-05-2021 

106 

 
270 

271 

Italy 

Italy 

SA.62718 

COVID-19 - Support to road passenger transport 

27-05-2021 

SA.62576 

Development  Contracts  under 
Temporary Framework 

the  COVID-19 

08-06-2021 

272 

Italy 

SA.63138 

Covid  19  –  Tax  credit  for  audiovisual  production 
companies – IT 

10-06-2021 

273 

Italy 

SA.63261 

-  COVID-19 

–  Patrimonio  Rilancio- 
Italy 
Prolongation of SA.57612, as amended by SA.59677 
(N/2020) 

16-06-2021 

274 

Italy 

SA.63375 

State  Aid 

SA. 

63375 

(2021/N) 

– 

Italy 

17-06-2021 

275 

Italy 

SA.63465 

276 

Italy 

SA.63597 

277 

Italy 

SA.63653 

278 

Italy 

SA.63719 

to 

COVID-19:  State  guarantee 
support  debt 
moratorium  by  banks  to  SME  borrowers  under  the 
Temporary  Framework  for  State  aid  measures  to 
support  the  economy  in  the  current  COVID-19 
outbreak  –  Amendment  to  the  scheme  SA.56690  as 
already amended by SA.57717 and SA.59655 

COVID-19:  Direct  grants 
to  Italian  companies 
engaging  in  international  activities  and  operations 
SA.57891 
(already  amended  by  SA.59655,  by 
SA.60402 and by SA.62420) 

21-06-2021 

COVID-19: Loan guarantee schemes under the Fondo 
di  garanzia  per  le  PMI  –  Amendment  to  the  scheme 
SA.56966  as  already  amended  by  SA.57625  and 
SA.59655 

29-06-2021 

State  Aid  SA.63653  (2021/N)  –  Italy  -  COVID-19: 
Loan  guarantee  scheme  to  support  the  economy  – 
Amendment  to  the  scheme  SA.56963  as  already 
amended by SA.59681 

29-06-2021 

from 

security 
COVID-19:  Exemption 
contribution  payments  for  self-employed  workers 
affected  by  the  economic  effects  of  COVID-19 
outbreak 

social 

14-07-2021 

279 

Italy 

SA.63721 

COVID-19:  Exemption  from  social  contributions  for 
re-employment contracts  

14-07-2021 

280 

Italy 

SA.63720 

COVID-19:  Contribution  waiver  in  the  tourism,  spas 
and commerce sectors 

02-08-2021 

281 

Italy 

SA.64217 

COVID  –  Subsidised  loans  for  large  undertakings  in 
temporary difficulty 

16-08-2021 

282 

Italy 

SA.64358 

Prolongation  State  Aid  SA.57289 
(2020/N)  as 
amended  by  State  Aid  SA.59681  (2020/N)  –  Italy  - 
for 
COVID-19:  Capital-strengthening  measures 
medium-sized companies  

16-08-2021 

107 

 
 
283 

Italy 

SA.64218 

Garanzie  e  contributi  in  conto  interesse  concessi 
dall'Istituto  per  il  Credito  Sportivo  sui  Comparti  per 
finanziamenti  di  liquidità  di  cui  al  D.L.  8/4/2020,  n. 
23, art. 14 commi 1 e 2. 

17-08-2021 

284 

285 

Italy 

Italy 

SA.64385 

COVID 19 - Tax credit for culture  

SA.64357 

contribution 

non-repayable 
and 
commercial  activities  in  the  historic  centres  of 
municipalities where religious sanctuaries are present  

economic 

to 

19-08-2021 

20-08-2021 

286 

Italy 

SA.64446 

COVID-19:  Measure  of  direct  grant  to  compensate 
tourism-accommodation businesses.  

15-09-2021 

287 

Italy 

SA.64420 

COVID-19:  Exemption  from  contribution  for  hiring 
young people 

16-09-2021 

288 

Italy 

SA.64521 

COVID-  19-  Amendments  to  compensation  scheme 
for mooring companies 

16-09-2021 

289 

Italy 

SA.64469 

COVID-19  -  Measure  to  support  the  tourist  "open-
buses" companies. 

12-10-2021 

290 

Italy 

SA.64776 

COVID-19:  Fifth  Amendment  of 
SA.57068 (2020/N) 

the  scheme 

12-10-2021 

291 

292 

Italy 

Italy 

SA.100142 

COVID-19: Aid to the pyrotechnics sector 

18-10-2021 

SA.100005 

COVID-19:  Exemption 
social 
contribution for the employment of women 

from 

security 

27-10-2021 

293 

Italy 

SA.62668 

COVID-19  -  IT  -  Automatic  tax  measures  and  non-
repayable grants 

27-10-2021 

294 

Italy 

SA.100126 

COVID-19:  Support  to  road  passenger  transport 
(amendment to SA.62718) 

04-11-2021 

295 

Italy 

SA.64342 

 COVID-19:  Aid  to  undertakings  engaged  in  road 
passenger transport by bus 

05-11-2021 

296 

Italy 

SA.100420 

COVID-19: Contribution waiver in the tourism, spas, 
commerce and cultural or recreational sectors 

08-11-2021 

297 

298 

Italy 

Italy 

SA.100091 

COVID-19 - IT - Non repayable grant for start-ups  

10-11-2021 

SA.100155 

COVID-19  -  IT  -  Non  repayable  grant  (“contributo 
perequativo”) 

10-11-2021 

299 

Italy 

SA.100204 

COVID-19  -  IT  -  Tax  Credit  for  the  textile,  fashion 
and accessories sector 

10-11-2021 

300 

Italy 

SA.100304 

COVID-19:  Fund 
activities 

to  support  closed  economic 

19-11-2021 

301 

Italy 

SA.100597 

COVID-19:  Direct  grants  to  SMEs  engaging  in 
international  activities  and  operations  for  the  digital 

29-11-2021 

108 

 
and green transitions (RRF) 

302 

Italy 

SA.100825 

COVID-19:  Prolongation  of  the  scheme  SA.63138 
Tax credit for audiovisual production companies 

14-12-2021 

303 

Italy 

SA.100722 

COVID-19  -  IT  -  Support  to  entertainment  agencies 
and tourist villages 

15-12-2021 

304 

Italy 

SA.100724 

COVID-19  -  IT  -  Measure  of  direct  grant  to 
compensate management bodies for tourism purposes 
of speleological sites and caves 

15-12-2021 

305 

Italy 

SA.100833 

COVID-19:  Prolongation  of  the  schemes  SA.57005 
and SA.57252 (2020/N), as already amended 

16-12-2021 

306 

Latvia 

SA.60409 

State  Aid 

SA.60409 

(2020/N) 

– 

Latvia 

12-01-2021 

COVID-19 – Amendment of SA.56722 

307 

Latvia 

SA.60411 

State 

Aid 

SA.60411 

(2020/N) 

Latvia 

12-01-2021 

COVID-19 – Amendment of SA.57655 

308 

Latvia 

SA.60412 

COVID  19:  Reduction  of  the  lease  payments  for 
lessees of publicly-owned property 

12-01-2021 

309 

Latvia 

SA.60528 

COVID  19  –  LV  -  Reimbursement  of  tickets  for 
cultural event organizers 

18-01-2021 

310 

Latvia 

SA.60960 

Prolongation  and  amendment  of  Recapitalisation 
Fund (SA 57409- COVID 19 - Recapitalisation Fund) 

01-02-2021 

311 

Latvia 

SA.61338 

312 

Latvia 

SA.61873 

Amendment  to  SA.59592  (2020/N)  on  Grants  to 
companies affected by the COVID-19 crisis to ensure 
the flow of working capital 

03-02-2021 

Second Amendment to SA.59592 (2020/N) on Grants 
to  companies  affected  by  the  COVID-19  crisis  to 
ensure the flow of working capital 

28-02-2021 

313 

314 

Latvia 

Latvia 

SA.57756 

Covid-19 Recapitalisation of Riga airport 

08-03-2021 

SA.62128 

Amendments to the aid scheme  SA.59865 (2020/N): 
Procedure for granting, administration and monitoring 
of  State  support  to  agriculture  and  food  in  order  to 
alleviate  the  negative  impact  of  the  COVID  -19 
outbreak  

10-03-2021 

315 

Latvia 

SA.61769 

COVID-19  -  Sustainability  of  cultural  institutions 
affected by COVID-19 

16-03-2021 

316 

Latvia 

SA.62195 

Procedures for granting state aid to small farmers 

19-03-2021 

109 

 
 
 
317 

Latvia 

SA.62681 

COVID-19:  Amendments  to  the  state  aid  scheme 
SA.57287  “State  aid 
in 
agriculture to relieve a negative impact of COVID-19 
spread” 

for  short-term 

loans 

30-04-2021 

318 

Latvia 

SA.62631 

COVID-19:  State  support  to  pig  farming  sector  in 
order to alleviate the negative impact of the COVID-
19 outbreak 

07-05-2021 

319 

Latvia 

SA.62003 

COVID-19:  Support 
recreation businesses 

to  arts,  entertainment  and 

11-05-2021 

320 

Latvia 

SA.62916 

Covid-19:  Regulations  regarding  aid  to  shopping 
centres affected by the COVID-19 crisis 

21-05-2021 

321 

Latvia 

SA.62917 

COVID-19:  Regulations  regarding  aid  to  sports 
centres affected by the COVID-19 crisis 

21-05-2021 

322 

Latvia 

SA.62706 

323 

Latvia 

SA.63046 

Procedure for granting, administration and monitoring 
of state  support to poultry sector in order to mitigate 
the negative impact of the COVID -19 outbreak 

27-05-2021 

COVID-19: Third Amendment to SA.59592 (2020/N) 
on  Grants  to  companies  affected  by  the  COVID-19 
crisis to ensure the flow of working capital 

03-06-2021 

324 

325 

326 

Latvia 

Latvia 

Latvia 

SA.63259 

COVID-19: Modification to SA.62631 (2021/N) 

08-06-2021 

SA.63031 

COVID -19-Aid to Media– LV 

SA.63307 

COVID-19:  Regulations  regarding  aid  to  shopping 
centres affected by the COVID-19 crisis (amendments 
to SA.62916) 

18-06-2021 

22-06-2021 

327 

Latvia 

SA.63308 

COVID-19:  Regulations  regarding  aid  to  sports 
centres affected by the COVID-19 crisis (amendments 
to SA.62917) 

22-06-2021 

328 

Latvia 

SA.63139 

State Aid SA.63139 (2021/N) – Latvia 

24-06-2021 

COVID-19: Second amendment to SA.56722 

State Aid SA.63157 (2021/N) – Latvia 

COVID-19: Third amendment to SA.57655 

329 

Latvia 

SA.63157 

State  Aid 

SA.63139 

(2021/N) 

– 

Latvia 

24-06-2021 

COVID-19:  Second 

amendment 

to  SA.56722 

State  Aid 

SA.63157 

(2021/N) 

– 

Latvia 

COVID-19: Third amendment to SA.57655 

110 

 
 
 
 
 
 
 
330 

Latvia 

SA.64033 

Procedures for the granting of State aid to mitigate the 
negative  effects  of  Covid-19  spread  in  the  micro-
green production and in the fisheries and aquaculture 
sector 

20-07-2021 

331 

Latvia 

SA.64541 

State  aid  for  cattle  breeding  sector  to  mitigate 
negative impact of Covid-19 spread 

13-09-2021 

332 

Latvia 

SA.64382 

COVID-19:  Reimbursement  of  tickets  for  cultural 
event organizers (amendments to SA.60528) 

24-09-2021 

333 

Latvia 

SA.100665 

COVID-19:  Second  Amendment 
SA.62631 (2021/N) 

to 

the  scheme 

02-12-2021 

334 

Latvia 

SA.100599 

Covid  19:  Reimbursement  of  tickets  for  cultural 
eventorganizers” 
to  SA.60528,  as 
amended by SA.64382) 

(amendments 

03-12-2021 

335 

336 

Latvia 

Latvia 

SA.100633 

COVID-19 - LV - Tax Deferrals due to the Lockdown  06-12-2021 

SA.100609 

Amendments  to  State  Aid  SA.64033  (2021/N)  – 
Latvia  COVID-19:  State  aid  to  mitigate  the  negative 
effects  of  COVID-19  outbreak  in  the  micro-green 
production and in the fisheries and aquaculture sector 

10-12-2021 

337 

Latvia 

SA.100596 

338 

Latvia 

SA.100605 

339 

Latvia 

SA.100598 

340 

Latvia 

SA.100694 

COVID-19:  Fourth  Amendment 
to  SA.59592 
(2020/N)  on  grants  to  companies  affected  by  the 
COVID-19  crisis  to  ensure  the  flow  of  working 
capital 

14-12-2021 

COVID  19:  Reduction  of  the  lease  payment  for 
lessees  of  publicly-owned  property  for  the  period  11 
October to 31 December 2021 

14-12-2021 

COVID-19  -  LV  -  Support  to  taxpayers  for  the 
continuation  of  their  activity  under  the  conditions  of 
the crisis caused by Covid-19 

15-12-2021 

Regulation  regarding  aid  to  shopping  and  sports 
centers,  cultural,  recreational  and  entertainment  sites 
affected by the Covid-19 crisis 

17-12-2021 

Lithuania 

SA.60977 

The Measure “Subsidies for Enterprises” 

14-01-2021 

Lithuania 

SA.60632 

COVID-19 - Deferral of tax payments 

Lithuania 

SA.61067 

COVID-19:  Amendment  of  the  Decision  SA.60379 
(2020/N)  

344 

Lithuania 

SA.61815 

COVID-19:  Prolongation  of  and  amendments  to  the 
scheme  SA.57008  (2020/N)  –  COVID-19:  Aid  Fund 
for Business 

18-01-2021 

18-01-2021 

02-03-2021 

341 

342 

343 

345 

Lithuania 

SA.62484 

COVID-19:  Modifications  to  SA.57514,  SA.57529, 
SA.57823 and SA.58856 (2020/N) 

07-04-2021 

111 

 
346 

Lithuania 

SA.62306 

The Measure “Subsidies to Enterprises Most Affected 
by COVID-19” 

09-04-2021 

347 

348 

Lithuania 

SA.62580 

The Measure “Subsidies for Enterprises” 

13-04-2021 

Lithuania 

SA.62627 

COVID19 – Compensation tour operators repatriation 
tourists 

27-04-2021 

349 

Lithuania 

SA.62833 

COVID-19  -  LT  -  Amendment  to  Deferral  of  tax 
payments (SA.60632) 

07-05-2021 

350 

Lithuania 

SA.62950 

Temporary  State  Aid for the  Pig and Poultry  Sectors 
(Including  the  Production,  Packaging  and  Processing 
of Eggs) for Losses due to COVID-19 Outbreak 

21-05-2021 

351 

352 

Lithuania 

SA.63099 

COVID-19: Modification to SA.57823 (2020/N) 

28-05-2021 

Lithuania 

SA.63021 

COVID-19  –  Amendments  of  SA.57665  (2020/N)  – 
COVID-19: Lithuanian  guarantees and loans  for tour 
operators,  accommodation  and  catering  service 
providers 

31-05-2021 

353 

Lithuania 

SA.63195 

COVID-19:  Second  amendment  of  the  existing  aid 
scheme SA.60379 

10-06-2021 

354 

Lithuania 

SA.63496 

COVID-19 – LT – Prolongation of Deferral of social 
security contributions (SA.58885) 

25-06-2021 

355 

Lithuania 

SA.63535 

SA.63535-Covid  19:  Modifications 
(2020/N) 

to  SA.57529 

29-06-2021 

356 

357 

Lithuania 

SA.63603 

COVID-19: Modification to SA.62950 

Lithuania 

SA.64495 

Lithuania  COVID-19:  Prolongation  of  SA.58645 
(2020/N) – COVID-19 related research, development 
and production support scheme 

02-07-2021 

20-09-2021 

358 

Lithuania 

SA.100937 

359 

Lithuania 

SA.100910 

360 

Lithuania 

SA.101074 

COVID-19 – LT – Prolongation of Deferral of social 
security  contributions  (SA.58885  as  prolonged  by 
SA.63496) 

17-12-2021 

 Lithuania  –    COVID-19:  Modification  to  SA.57823 
(2020/N)  –  submeasure  on  limited  amount  of  aid  for 
pig farmers 

22-12-2021 

COVID-19:  Prolongation  of  the  schemes  SA.57008, 
SA.57529  and  SA.57665  (2020/N),  as  already 
amended 

22-12-2021 

361 

Luxembourg 

SA.60541 

Covid-19:  Modification  of  scheme  on  uncovered 
fixed costs (SA.59322) 

08-01-2021 

112 

 
362 

Luxembourg 

SA.61954 

COVID-19: Modifications to SA.59428 

25-02-2021 

363 

Luxembourg 

SA.61934 

COVID19  -  LUX  -  Further  amendment  to  the  aid 
scheme 
the 
Temporary  Framework  (SA.59322  as  amended  by 
SA.60541) 

fixed  costs  under 

for  uncovered 

01-03-2021 

364 

365 

Luxembourg 

SA.62239 

COVID-19 aide au secteur porcin  

18-03-2021 

Luxembourg 

SA.62500 

Covid19  modifications 
SA.56742 

to  SA.57305,  SA.56805, 

21-04-2021 

366 

Luxembourg 

SA.62951 

for  uncovered 

COVID  19  -  LUX  -  Further  amendment  to  the  aid 
scheme 
the 
Temporary  Framework  (SA.59322  as  amended  by 
SA.60541 and SA.61934)  

fixed  costs  under 

20-05-2021 

367 

Luxembourg 

SA.63309 

Amendments  to  SA.59322  (2020/N)  and  SA.59428 
(2020/N) 

14-06-2021 

368 

Luxembourg 

SA.100857 

COVID19  -  Modification  of  SA.59428,  SA.59322 
and SA.57305 

15-12-2021 

369 

Malta 

SA.60675 

COVID19  Modifications  to  SA.56843,  SA.57076, 
SA.58006, 
SA.57204, 
SA.58297, SA.58306 

SA.57961, 

SA.57163, 

14-01-2021 

370 

Malta 

SA.62735 

COVID  Amendment  to  the  schemes  SA.58297  - 
to  Animal  Farmers  and 
Temporary  State  Aid 
SA.58306 - Temporary State Aid to Land Farmers 

04-05-2021 

371 

Malta 

SA.62499 

Malta  -  Covid  19:  Amendment  and  prolongation  of 
schemes SA.56843, SA.57163 and SA.57961 

12-05-2021 

372 

Malta 

SA.62220 

373 

Malta 

SA.63304 

Covid-19 MT - Amendment of aid scheme SA.57076 
(2020/N)  –  Wage  Supplement  Scheme  under  the 
Temporary  Framework  for  State  aid  measures  to 
support  the  economy  in  the  current  COVID-19 
outbreak 

26-05-2021 

SA.63304:  Amendment  to  SA.57204  Investment  Aid 
for  the  Production  of  COVID-19  Relevant  Products 
and  SA.58006  Support  to  enterprenuers  affected  by 
the spread of COVID-19. 

28-06-2021 

374 

375 

376 

Malta 

Malta 

Malta 

SA.100157 

COVID-19 Interest Rate Subsidy Scheme 

15-10-2021 

SA.100440 

COVID-19 Financial Aid Grant Scheme for Fishers 

16-11-2021 

SA.64380 

COVID-19:  Aid  to  undertakings  in  tourism  and 
directly related sectors 

26-11-2021 

113 

 
377 

Netherlands 

SA.61360 

COVID-19:  New  compensation  scheme  for  special 
transport providers 

09-02-2021 

378 

Netherlands 

SA.60166 

COVID-19:  Amendment  TVL  (SA.59535  (2020/N)) 
Direct Grants Scheme Fixed Costs SMEs 

09-02-2021 

379 

Netherlands 

SA.61300 

COVID-19: Aid to zoos under Section 3.1 Temporary 
Framework 

12-02-2021 

380 

Netherlands 

SA.62241 

NL_EZK_B&I_TOP_amendments 
the  second 
extension of the Dutch COVID-19 State aid scheme ‘ 
Regeling  subsidie  vaste  lasten  financiering  COVID-
2021' 
19 

Q1 

for 

to 

12-03-2021 

381 

Netherlands 

SA.62129 

COVID-19  Second 
(2020/N)  

amendment 

to  SA.57850 

25-03-2021 

382 

383 

Netherlands 

SA.62271 

COVID 19: SGR voucher credit facility 

30-03-2021 

Netherlands 

SA.62556 

State  Aid  SA.62556  (2021/N)  –  The  Netherlands 

30-04-2021 

COVID-19: Soft bridge loans with subsidised interest 
rates  

384 

Netherlands 

SA.62867 

COVID-19:  Regulation  on  the  financing  of  fixed 
costs for starting SMEs COVID-19 

20-05-2021 

385 

Netherlands 

SA.62816 

386 

Netherlands 

SA.62944 

387 

Netherlands 

SA.63257 

388 

Netherlands 

SA.63576 

389 

Netherlands 

SA.63984 

NL-LNV-AGRO-DAD    Demolition  and  conversion 
of 
(modification 
animals  husbandry 
fur 
SA.41842) - COVID-19 

the 

31-05-2021 

SA.62944  (2021/N)  –  The  Netherlands  COVID-19: 
Amendment  of  two  existing  aid  schemes  (SA.56914 
and  SA.57397) 
fifth 
in  accordance  with 
amendment of the Temporary Framework 

the 

01-06-2021 

COVID-19:  Fourth  amendment  of  the  direct  grant 
scheme  to  support  the  fixed  costs  for  enterprises 
affected  by  the  COVID-19  outbreak  (amendments  to 
SA.57712, SA.59535, SA.60166, SA.62241) 

22-06-2021 

NL_LNV_AGRO_EIA  Aid 
financing 
uncovered  fixed  costs  agricultural  and  horticultural 
undertakings COVID-19 

scheme 

29-06-2021 

COVID-19:  Fifth  amendment  of  the  direct  grant 
scheme  to  support  the  fixed  costs  for  enterprises 
affected  by  the  COVID-19  outbreak  (amendments  to 
SA.57712, 
SA.62241, 
SA.63257) 

SA.60166, 

SA.59535, 

26-07-2021 

390 

Netherlands 

SA.64370 

COVID-19:  State  loans  for  travel  guarantee  funds  20-08-2021 

114 

 
 
 
 
391 

Netherlands 

SA.100202 

(Amendments to SA.57985) 

NL_LNV_AGRO_EIA_Modification 
to  SA.63576 
(2021/N)  -  NL  LNV  AGRO  EIA  Aid  scheme 
financing  uncovered  fixed  costs  agricultural  and 
horticultural undertakings COVID-19 

15-10-2021 

392 

Netherlands 

SA.100306 

COVID-19:  Extension  of  SA.61360  with  increased 
budget (special transport in the Netherlands) 

09-11-2021 

393 

Netherlands 

SA.100829 

394 

Netherlands 

SA.100953 

395 

Poland 

SA.60940 

396 

Poland 

SA.60376 

397 

Poland 

SA.61173 

COVID-19:  Sixth  amendment  of  the  direct  grant 
scheme  to  support  the  fixed  costs  for  enterprises 
affected  by  the  COVID-19  outbreak  (amendments  to 
SA.57712, 
SA.62241, 
SA.59535, 
SA.63257 and SA.63984) 

SA.60166, 

10-12-2021 

to  SA.63576 
NL_LNV_AGRO_EIA_Modification 
and SA.100202 (2021/N) - NL LNV AGRO EIA Aid 
scheme  financing  uncovered  fixed  costs  agricultural 
and horticultural undertakings COVID-19 

22-12-2021 

Modification of SA.59763 COVID-19: The Financial 
Shield  for  SME  2.0  (extension  of  the  list  of  sectors 
addressed by the scheme) 

12-01-2021 

Support  to  undertakings  affected  by  restrictions 
applied  to  industries  whose  activities  may  contribute 
the 
to 

20-01-2021 

spread of the COVID-19 pandemic 

State  aid  in  the  form  of  low-interest  loan  for  non-
governmental  organizations  and  co-financing  of 
remuneration  and  contributions  for  church  legal 
persons  and  their  organizational  units  to  support 
entities affected by the COVID-19 

09-02-2021 

398 

Poland 

SA.59872 

COVID-19:  Second 
(2020/N)  

amendment  of  SA.57306 

26-02-2021 

399 

Poland 

SA.61825 

New support to industries affected by the COVID-19 
pandemic. 

11-03-2021 

400 

Poland 

SA.62078 

Prolongation  of  SA.56876,  SA.56896,  SA.56922, 
SA.57055, 
SA.56996, 
SA.57065, 
SA.57452, 
SA.57519, SA.59763 and SA.60376 

SA.57054, 
SA.57191, 

SA.57015, 
SA.57172, 

16-03-2021 

401 

402 

Poland 

Poland 

SA.62597 

COVID-19: Interest rate subsidies for farmers 

20-04-2021 

SA.62472 

COVID-19:  Leasing  guarantees  combined  with  the 
to 
Pan-European  Guarantee  Fund 
COVID-19 

response 

in 

06-05-2021 

115 

 
 
403 

Poland 

SA.62231 

COVID-19: Amendments to SA.58102 and aid in the 
form of limited amounts of aid (Section 3.1 TF)  

02-06-2021 

404 

Poland 

SA.62752 

COVID-19 -The Polish anti-crisis measures – aid for 
damage compensation and to improve the liquidity of 
undertakings affected by the COVID-19 outbreak 2.0 
and amendments to schemes SA.57054 and SA.57306 

17-06-2021 

405 

Poland 

SA.62885 

Amendment of SA.61825 (2021/N)  - New support to 
industries affected by the COVID-19 pandemic. 

21-06-2021 

406 

407 

Poland 

Poland 

SA.62603 

COVID 19- support to bus operators 

SA.64285 

Second amendment of SA.61825 (2021/N) - “Subsidy 
to 
schemes 

408 

Poland 

SA.100902 

industries affected by the COVID-19”. 

COVID-19:  Prolongation  and  amendment  of  the 
schemes  SA.56876(2020/N),  SA.56896  (2020/N), 
SA.56922  (2020/N),  SA.56996  (2020/N),  SA.57015 
(2020/N),  SA.57054  (2020/N),  SA.57055  (2020/N), 
SA.57065  (2020/N),  SA.57172  (2020/N),  SA.57191 
(2020/N),  SA.57306  (2020/N),  SA.57452  (2020/N), 
SA.57519  (2020/N),  SA.58102  (2020/N),  SA.59763 
(2020/N),  SA.60376  (2020/N),  SA.61173  (2021/N), 
SA.61825  (2021/N),  SA.62472  (2021/N),  SA.62603 
(2021/N) and SA.62752 (2021/N) 

24-06-2021 

04-08-2021 

22-12-2021 

409 

Portugal 

SA.61209 

410 

Portugal 

SA.61758 

411 

Portugal 

SA.61048 

412 

Portugal 

SA.62023 

COVID-19: Direct grants to micro, small and medium 
companies  in  specific  sectors.  Measure  “APOIAR 
RENDAS” 

20-01-2021 

COVID-19: Direct grants to micro, small and medium 
undertakings  in  specific  sectors  established  in  the 
Outermost  Region  of  the  Azores  Measure  called 
“APOIAR.PT Açores” 

10-02-2021 

Amendment  to  SA.59450  (2020/N)  -  “COVID-19: 
Direct grants to micro, small and medium companies 
in  specific  sectors”  -  measures  “Apoiar.PT”  and 
“Apoiar Restauração”  

20-02-2021 

COVID-19: Direct grants to micro, small and medium 
undertakings  in  specific  sectors  established  in  the 
Outermost  Region  of 
the  Azores  "APOIAR.PT 
Açores – 4º T 2020" 

01-03-2021 

413 

414 

415 

Portugal 

SA.62091 

COVID-19: Programa de Manutenção do Emprego II 

31-03-2021 

Portugal 

SA.62090 

COVID19 – Scheme to support undertakings Azores 

16-04-2021 

Portugal 

SA.62587 

COVID-19 Programa de Apoio à Liquidez designado 
por Programa APOIAR.PT Açores – 1º T 2021 

21-04-2021 

116 

 
 
416 

Portugal 

SA.62506 

COVID-19  Support  to  R&D  projects,  testing  -
infrastructures  and  production  of  COVID  19  related 
products - prolongation until December 2021 

23-04-2021 

417 

Portugal 

SA.62136 

COVID-19  -  Support  scheme  to  operational  costs 
2020 - PACO 

26-04-2021 

418 

Portugal 

SA.61240 

COVID-19  –  PT  –  Wage  subsidies  to  preserve 
employment in the Azores 

27-04-2021 

419 

Portugal 

SA.62505 

COVID-19:  Amendment  of  SA.56873  Direct  grant 
scheme and loan guarantee scheme 

30-04-2021 

420 

Portugal 

SA.62507 

COVID-19:  Amendment  of  SA.57494  -  Direct  grant 
scheme  –  Autonomous 
and 

loan  guarantee 

30-04-2021 

421 

Portugal 

SA.62647 

Region of Madeira  

Liquidity  Incentive  System  for  micro,  small  and 
medium  undertakings  in  the  Outermost  Region  of 
Madeira  in  the  context  of  the  COVID-19  pandemic. 
Measure called “Programa APOIAR.PT.Madeira” 

07-05-2021 

422 

Portugal 

SA.63010 

COVID-19:  Support  to  the  bus  transport  sector  in 
Azores 

04-06-2021 

423 

Portugal 

SA.63378 

to  micro,  small  and 
COVID-19:  Direct  grants 
medium-sized 
sectors 
in 
enterprises 
established  in  the  Outermost  Region  of  the  Azores. 
Measure called “APOIAR.PT Açores – 2ºT 2021” 

specific 

28-06-2021 

424 

Portugal 

SA.64041 

COVID-19:  Financial  support  for  companies  in  the 
sugarcane processing sector operating in Madeira  

29-07-2021 

425 

Portugal 

SA.63549 

COVID-19:  Direct  grant  scheme  and  loan  guarantee 
scheme (amendments to SA.56873) 

06-08-2021 

426 

Portugal 

SA.64523 

Support Programme for Maintenance of Employment 
in Agriculture (SME-AGRI) 

01-09-2021 

427 

Portugal 

SA.64599 

Incentivo  Regional  às  Empresas  de  Transporte 
Coletivo  Regular  de  Passageiros  para  mitigação  dos 
efeitos  económico 
financeiros  provocados  pela 
pandemia Covid 19 – Ano de 2021  

13-09-2021 

428 

Portugal 

SA.100810 

COVID-19:  Prolongation  of  the  schemes  SA.56873, 
SA.56886, 
SA.59450, 
SA.61209,  SA.62647  and  SA.64041,  as  already 
amended  

SA.57494, 

SA.57035, 

16-12-2021 

429 

Romania 

SA.61231 

Amendment  of  the  scheme  SA.58166  (2020/N)  as 
amended by SA.59970 (2020/N) concerning COVID-
19:  support  for  SMEs  and  some  large  enterprises  to 
overcome the economic crisis caused by the COVID-

21-01-2021 

117 

 
 
19 pandemic 

430 

Romania 

SA.60650 

Covid-19:  aid  to  tourism  businesses,  accomodation 
units, food units and travel agencies. 

14-04-2021 

431 

Romania 

SA.62827 

COVID-19: Support of the  activity of cattle breeders 
in  2021  in  the  context  of  the  economic  crisis 
generated by COVID-19 

20-05-2021 

432 

Romania 

SA.63040 

COVID-19:  Second  prolongation  of  the  existing  aid 
SA.57408  
scheme 

25-05-2021 

433 

Romania 

SA.63318 

SA.63318  Amendment  to  SA.58166  Support  for 
SMEs  and  certain  related 
to 
overcome the economic crisis caused by the COVID-
19 pandemic  

large  enterprises 

17-06-2021 

434 

Romania 

SA.62608 

COVID-19: Aid to the  independent cultural  sector in 
Bucharest 

18-06-2021 

435 

Romania 

SA.63354 

COVID-19:  Third  amendment  of  the  existing  aid 
scheme SA.56895 

30-06-2021 

436 

Romania 

SA.63562 

COVID-19:  First  amendment  of  the  existing  aid 
scheme SA.58462 

30-06-2021 

437 

Romania 

SA.63334 

COVID-19  -  Prolongation  of  Incentive  scheme  for 
airlines operating at Sibiu airport 

02-07-2021 

438 

Romania 

SA.63319 

Romania  COVID  19  Incentive  scheme  for  airlines 
operating at Targu Mures airport  

07-07-2021 

439 

Romania 

SA.63550 

COVID-19:  Support  to  tourism,  public  food  services 
and event organisers 

13-07-2021 

440 

Romania 

SA.64092 

COVID  19  –  Aid 
International Airport 

to  airlines  at  Maramures 

28-09-2021 

441 

Romania 

SA.100195 

442 

Romania 

SA.64595 

COVID-19:  Support  for  SMEs  in  order  to  overcome 
the  economic  crisis  generated  by  the  COVID-19 
pandemic - productive investments 

27-10-2021 

Notification  of  the  "State  aid  scheme  for  the  support 
of sports clubs in Miercurea-Ciuc in the context of the 
current Covid-19 pandemic " 

22-11-2021 

443 

Romania 

SA.100666 

COVID19:  State  aid  scheme  for  granting  financial 
support to economic operators managing airports 

13-12-2021 

444 

Romania 

SA.64591 

COVID  19  -  State  aid  to  sports  clubs  in  the  15-12-2021 

118 

 
 
  
Municipality of Sfântu Gheorghe  

445 

Romania 

SA.100996 

COVID19  Modifications  to  SA.56895;  SA.57408; 
SA.100195;  SA.58166;  SA.59156; 
SA.64092; 
SA.63319; SA.62608 

22-12-2021 

446 

447 

Slovakia 

SA.60212 

Covid 19 – Aid for professional sport clubs – SK 

15-01-2021 

Slovakia 

SA.61931 

COVID-19:  Second 
(2020/N)  

amendment 

to  SA.57483 

23-02-2021 

448 

Slovakia 

SA.62004 

COVID-19:  Second  modification  of  SA.56986 
(2020/N) – Temporary Framework aid for preserving 
employment and self-employment 

17-03-2021 

449 

Slovakia 

SA.62727 

Covid  19  –  Amendment  of  the  aid  scheme  for 
professional sport clubs – SK 

30-04-2021 

450 

451 

Slovakia 

SA.62256 

COVID 19 – support to the tourism sector 

03-05-2021 

Slovakia 

SA.62712 

amendment  of  SA.58054 
COVID-19:  Second 
(2020/N):  ESIF  Liquidity  Support  State  Aid  Scheme 
for  Innovative  Companies  with  Limited  Access  to 
Credit Facilities 

03-05-2021 

452 

Slovakia 

SA.63294 

(2021/N) 

–  Slovakia  COVID-19: 
SA.63294 
Temporary 
preserving 
employment  and  self-employment  (amendments  to 
SA.56986) 

Framework 

aid 

for 

21-06-2021 

453 

Slovakia 

SA.63394 

COVID-19  -  Second  Amendment  to  SA.57484  and 
SA.57485 under the Temporary Framework 

28-06-2021 

454 

Slovakia 

SA.63467 

COVID-19  -  Prolongation  of  aid  scheme  to  airport 
operators (SA.59240) 

08-07-2021 

455 

456 

Slovakia 

SA.64148 

COVID-19: Support for professional sport clubs II 

06-08-2021 

Slovakia 

SA.64415 

COVID-19:  State  aid  scheme  to  safeguard  liquidity 
for travel agencies 

09-09-2021 

457 

Slovakia 

SA.64688 

COVID-19:  Amendments  to  SA.57599  (as  amended 
by SA.59809) and SA.59996 

07-10-2021 

458 

Slovakia 

SA.100845 

COVID-19  -  SK-  Prolongation  and  amendment  of 
SA.59240 and SA.62256 

14-12-2021 

459 

Slovakia 

SA.100900 

COVID-19:  Amendment  of  the  scheme  SA.57599 
(2020/N),  as  already  amended  in  case  SA.64688 
(2021/NN) 

16-12-2021 

460 

Slovakia 

SA.100963 

COVID-19:  Amendment  of  the  schemes  SA.57484 
and SA. 57485, as already amended. 

16-12-2021 

119 

 
461 

Slovakia 

SA.101016 

State  Aid  SA.101016  (2021/N)  –  Slovakia  COVID-
19:  Temporary  Framework  aid 
for  preserving 
employment  and  self-employment  (amendments  to 
SA.56986)  

21-12-2021 

462 

Slovakia 

SA.100962 

COVID-19  -  Prolongation  of  SA.64148  –  Support  to 
professional sport clubs II   

21-12-2021 

463 

Slovenia 

SA.60415 

COVID-19  Modifications  to  SA.56999,  SA.57143, 
SA.57782  amended  by  SA.58471,  SA.57724  and 
SA.57558  

08-01-2021 

464 

465 

Slovenia 

SA.61019 

COVID-19: New scheme of direct grants 

14-01-2021 

Slovenia 

SA.59943 

COVID-19:  Amendment  to  SA.59099  (2020/N)  on 
additional intervention measures scheme  

14-01-2021 

466 

Slovenia 

SA.60951 

Amendment  to  COVID-19  –  Aid  in  the  form  of 
partial reimbursement of the uncovered fixed costs 

22-01-2021 

467 

Slovenia 

SA.61324 

COVID-19:  Amendment  of  the  scheme  SA.56999 
(2020/N)  -  Intervention  measures  to  mitigate  the 
effects  of  the  SARS  COV2  (COVID-19)  infectious 
disease epidemic on the economy 

30-01-2021 

468 

Slovenia 

SA.61211 

Reduction  of  the  annual  concession  fee  for  hunting 
ground managers for 2020 

11-02-2021 

469 

Slovenia 

SA.62041 

COVID-19:  Second  amendment  to  the  SA.57724 
(2020/N) Zero interest and soft loans scheme 

11-03-2021 

470 

Slovenia 

SA.62118 

COVID-19:  Financial  compensation  for 
income to holders of ancillary activities on the farm 

loss  of 

15-03-2021 

471 

Slovenia 

SA.61920 

472 

Slovenia 

SA.61928 

(2021/N) 

State  Aid  SA.61920 
–  Slovenia- 
Amendment  to  SA.57558  (2020/N)  on  additional 
intervention  measures  scheme  (Short-time  work 
scheme,  wage  subsidies 
for  June,  cableways, 
agriculture land)  

(2021/N)  –  Slovenia 

- 
State  Aid  SA.61928 
Amendments to the schemes: SA.57558, as amended 
(2020/N)  COVID-19:  additional 
by  SA.59943, 
intervention  measures 
scheme,  and  SA.61019 
(2020/N) COVID-19: new scheme of direct grants 

16-03-2021 

16-03-2021 

473 

Slovenia 

SA.62223 

Aid  to  compensate  for  the  loss  of  income  of  apples 
growers due to COVID-19 outbreak. 

18-03-2021 

474 

Slovenia 

SA.62332 

COVID-19:  Financial  compensation  for 
loss  of 
income in the  wine sector due to the second wave of 
the COVID-19 outbreak 

23-03-2021 

120 

 
475 

Slovenia 

SA.62686 

476 

Slovenia 

SA.62926 

477 

Slovenia 

SA.62977 

478 

Slovenia 

SA.63194 

479 

Slovenia 

SA.63088 

Financial  compensation  for  loss  of  income  in  pig 
farming as a result of the second wave of the COVID-
19 epidemic for the period from 1 November 2020 to 
31 January 2021 

06-05-2021 

Financial  compensation  for  loss  of  income  from  the 
rearing  of  small  ruminants  as  a  result  of  the  second 
wave of the COVID-19 epidemic for the period from 
1 October 2020 to 31 January 2021 

18-05-2021 

Financial compensation for beef cattle production due 
to  the  consequences  of  the  second  wave  of  the 
COVID-19  epidemic  for  the  period  from  1  October 
2020 to 31 March 2021 

26-05-2021 

COVID  19:  Financial  compensation  to  food  potato 
producers for the consequences of the second wave of 
the  COVID-19  epidemic  for  the  period  from  1 
October 2020 to 31 March 2021 

07-06-2021 

COVID-19:  Amendment  to  SA.57782  (2020/N)  - 
COVID-19:  Support  for  SMEs  and  for  COVID-19 
related RDI and investment projects 

07-06-2021 

480 

Slovenia 

SA.63498 

Amendment of State aid scheme SA.59124 – COVID-
19: Re-establishment of air connectivity of Slovenia 

13-07-2021 

481 

Slovenia 

SA.64098 

Reduction  of  leases  of  agricultural  land  managed  by 
the  Agricultural  Land  and  Forest  Fund  of  the 
Republic of Slovenia due to COVID-19 

29-07-2021 

482 

483 

484 

Slovenia 

SA.64238 

Slovenia Covid-19 – Aid for MICE industry 

29-07-2021 

Slovenia 

SA.64152 

Aid for financing the holiday pay 

Slovenia 

SA.64194 

COVID-19:  Renewal  of  the  measure  "Exemption 
from  the  payment  of  water  compensation  and  the 
payment for water rights" 

30-07-2021 

03-08-2021 

485 

Slovenia 

SA.64318 

COVID-19:  Assistance  to  the  operators  of  cableway 
installations  

12-08-2021 

486 

Slovenia 

SA.64421 

Slovenia  COVID-19  –  Aid  in  the  form  of  subsidised 
interest rates for loans 

14-09-2021 

487 

488 

Slovenia 

SA.64606 

COVID-19: Modification to SA.62118 (2021/N) 

23-09-2021 

Slovenia 

SA.100855 

COVID-19  –  Support  for  self-employed,  managers 
and farmers in form of a partial compensation for the 
lost income due to the quarantine 

13-12-2021 

489 

Spain 

SA.59723 

Covid-19 – Fourth amendment to SA.56851 (2020/N) 
– Umbrella Scheme 

19-02-2021 

490 

Spain 

SA.61875 

COVID-19  Amendment  of  decisions  SA.56851,  14-03-2021 

121 

 
SA.57019 and SA.57659 

491 

Spain 

SA.62838 

Spain  –  Covid-19  -  Amendment  of  SA.56851 
(2020/N) and SA.57019 (2020/N) 

18-05-2021 

492 

Spain 

SA.63690 

COVID-19:  Trade 
(Prolongation)  

credit 

reinsurance 

scheme 

01-07-2021 

493 

Spain 

SA.62067 

Spain  COVID  19-  Recapitalisation  Fund  for  certain 
enterprises affected by the COVID-19 outbreak 

19-07-2021 

494 

Spain 

SA.100974 

COVID-19:  Prolongation  and  amendments  of  the 
schemes SA.56851, SA.57019, 57659, and SA.62067, 
as already amended. 

21-12-2021 

495 

Sweden 

SA.59639 

COVID-19:  aid  scheme  for  travel  agencies  and  tour 
operators 

28-01-2021 

496 

Sweden 

SA.61486 

COVID-19:  Continuation  of 
guarantee programme for companies 

the  Government 

04-02-2021 

497 

Sweden 

SA.60275 

Compensation  scheme  for  undertakings  faced  with 
turnover  losses  due  to  COVID-19  in  August  2020–
February 2021 

12-02-2021 

498 

Sweden 

SA.61672 

COVID-19: Rent rebate for tenants  - Prolongation of 
State Aid SA.56972 (2020/N) 

23-02-2021 

499 

Sweden 

SA.61904 

COVID19  -  Aid  to  ensure  access  to  ambulance  air 
transport 

05-03-2021 

500 

501 

502 

503 

504 

Sweden 

Sweden 

Sweden 

Sweden 

Sweden 

SA.61298 

COVID-19: Loans to Traffic Control Services  

10-03-2021 

SA.62190 

COVID19 Modifications to SA.60275 

SA.62272 

COVID-19: Rent rebate for tenants - Amendments to 
SA.56972 (2020/N) and SA.61672 (2021/NN) 

11-03-2021 

31-03-2021 

SA.62726 

COVID-19 - Prolongation shipping aid (SA.59863) 

04-06-2021 

SA.63263 

of 

Prolongation 
for 
undertakings  faced  with  turnover  losses  due  to 
COVID-19 to May-Sept 2021 

compensation 

scheme 

15-06-2021 

505 

Sweden 

SA.63162 

COVID-19:  Rent  rebate  for  tenants  –  Amendment 
SA.62272 

16-06-2021 

506 

Sweden 

SA.63130 

COVID-19  Aid  to  ensure  access  to  ambulance  air 
transport 

17-06-2021 

507 

Sweden 

SA.63289 

COVID-19  -  Prolongation  of  aid  scheme  to  Traffic 
Control Services  

22-06-2021 

508 

Sweden 

SA.63116 

COVID  19  Aid  for  cancelled  or  restricted  events 
June-December 2021 

02-07-2021 

122 

 
509 

510 

511 

512 

Sweden 

Sweden 

Sweden 

Sweden 

SA.63898 

COVID-19 - State loan to SAS Consortium 

09-07-2021 

SA.63727 

COVID-19:  Aid  scheme  for  travel  agencies  and  tour 
operators II (amendments of SA.59639) 

12-07-2021 

SA.63337 

COVID-19-liquidity support to mink fur producers 

15-07-2021 

SA.100381 

COVID-19:  Amendment  to  SA.56860  prolonged  in 
-  Government 
case  SA.58659  and  SA.61486 
guarantee programme for companies 

11-11-2021 

513 

Sweden 

SA.100728 

COVID-19: Amendment of compensation scheme for 
undertakings  with  turnover  losses  due  to  COVID-19 
(amendments 
to  SA.60275,  as  prolonged  by 
SA.62190 and SA.63263) 

01-12-2021 

514 

Sweden 

SA.100911 

COVID  19  Aid  for  cancelled  or  restricted  events 
June-December 2021 (prolongation) 

13-12-2021 

ANNEX 2. 

State aid decisions Covid-19 related, adopted directly under the Treaty 
by country 

Nr 

Member 
State 

Case 

Title 

Decision date 

Austria 

SA.60655 

COVID-19 – Amendments to the existing aid scheme 
for the provision of rail freight services in certain 
forms of production and prolongation of temporary  
support for rail freight and passenger transport 

24-01-2021 

Austria 

SA.60521 

COVID-19: State guarantee to package travel 
organisers and facilitators of linked travel services 

04-02-2021 

Austria 

SA.63287 

COVID-19; Support Scheme for Events II 

05-07-2021 

Austria 

SA.100991 

COVID-19; Support Scheme for Events II 

21-12-2021 

1 

2 

3 

4 

123 

 
 
 
 
 
 
Belgium 

SA.60548 

COVID-19: Prolongation of and Amendment to 
SA.57188 – Reinsurance of short-term credit and 
surety risks 

Belgium 

SA.59765 

COVID-19: Aid to the Waterloo 1815 Memorial 
concession holder 

Belgium 

SA.61709 

Air Belgium SA 

5 

6 

7 

25-01-2021 

18-05-2021 

24-06-2021 

8 

Belgium 

SA.62160 

Mesure temporaire de réduction de la redevance pour 
le trafic ferroviaire commercial de voyageurs   

17-12-2021 

Projet d’arrêté royal modifiant l’arrêté royal du 21 
décembre 2013 fixant les règles provisoires qui 
valent comme contrat de gestion d'Infrabel et de la 
SNCB – Mesure temporaire de réduction du coût de 
la redevance d’infrastructure pour le trafic ferroviaire 
de fret. 

17-12-2021 

9 

Belgium 

SA.62498 

10 

Czechia 

SA.61912 

COVID-19: Amendment of the support scheme for 
Spas (SA.58018) 

09-03-2021 

11 

Czechia 

SA.62375 

COVID-19: Damage compensation scheme for rail 
passenger transport operators 

30-07-2021 

12 

Denmark 

SA.61056 

Prolongation and adjustment of State Aid SA.56685 
as amended by SA.57209 and SA.59667 – 
Compensation scheme for cancellation of events 
caused by COVID-19 

20-01-2021 

13 

Denmark 

SA.61044 

Prolongation of  SA.59055 Temporary targeted fixed 
cost compensation scheme for companies affected by 
COVID 19 prohibitions (bans and cancelled events) 

20-01-2021 

14 

Denmark 

SA.61945 

Aid scheme for mink farmers and related businesses 
affected by the COVID-19 out-break.  

07-04-2021 

124 

 
15 

Denmark 

SA.62444 

Notification of prolongation and adjustment of State 
Aid SA.56685 as amended by SA.57209, SA.59667 
and SA.61056 – Compensation scheme for 
cancellation of events caused by COVID-19 

14-04-2021 

16 

Denmark 

SA.62132 

Prolongation till 5 April 2021 of  SA.59055 
Temporary targeted fixed cost compensation scheme 
for companies affected by COVID 19 prohibitions 
(bans and cancelled events)  

27-04-2021 

17 

Denmark 

SA.62226 

COVID-19: Re-activating SA.57932 targeted 
compensation scheme for companies' fixed costs 
(closed borders and travel restrictions) 

07-05-2021 

18 

Denmark 

SA.62538 

Supplementary element to SA.57930 for 
undertakings with mixed activities; targeted fixed 
cost compensation scheme for companies affected by 
COVID 19 prohibitions  

30-06-2021 

19 

Denmark 

SA.63389 

Notification of prolongation and adjustment of State 
Aid SA.56685 as amended by SA.57209, SA.59667, 
SA.61056 and SA.62444– Compensation scheme for 
cancellation of events caused by COVID-19 

01-07-2021 

Denmark 

SA.63904 

Fourth amendment of Temporary targeted 
compensation scheme SA. 57930 for companies 
affected by COVID-19 related prohibitions (bans and 
cancelled events) 

Denmark 

SA.64032 

COVID-19: Third amendment of compensation 
scheme SA.56774 

20 

21 

12-07-2021 

26-07-2021 

22 

Denmark 

SA.62391 

COVID-19 - Waiver of infrastructure access charges 
for public passenger transport services by rail 

30-07-2021 

23 

Denmark 

SA.62217 

COVID-19 - Aid scheme for cultural institutions for 
the summer 2020 

04-08-2021 

125 

 
24 

25 

Finland 

SA.60113 

Finnair – COVID-19 - hybrid loan 107.2.b 

12-03-2021 

Finland 

SA.59132 

COVID-19: aid to Finavia 

17-03-2021 

Aide d’État SA.60523 (2020/N) – France 

26 

France 

SA.60523 

Amendement de la décision SA.57607 (2020/N) – 
France – COVID-19: Garantie de l’État en soutien à 
l’assurance-crédit 

13-01-2021 

27 

France 

SA.59746 

COVID 19 - Compensation des clubs sportifs et 
organisateurs d’évènements sportifs-FR 

25-01-2021 

28 

France 

SA.58639 

 COVID-19: Dispositif de garantie aux fonds de prêts 
participatifs et d'obligations subordonnées 

03-03-2021 

29 

France 

SA.60949 

COVID19 - Régime d’aides destiné à compenser les 
coûts d’exploitation des sociétés de remontées 
mécaniques 

19-03-2021 

30 

France 

SA.63316 

Amendement des mesures approuvées par les 
décisions SA.56903 (2020/N) et SA.59571 (2020/N) 
– COVID-19: State guarantee for the reinsurance 
cover of domestic trade credit insurance risks 

18-06-2021 

31 

France 

SA.63563 

COVID 19 - Compensation des clubs sportifs et 
organisateurs d’évènements sportifs (modifications) 

20-08-2021 

32 

France 

SA.62193 

Covid-19: Compensation du dommage subi par 
Brittany Ferries en raison de l'épidémie de COVID-
19 

23-09-2021 

33 

France 

SA.62625 

COVID 19 - Compensation des loyers et charges 
locatives des  commerces  de  détail  et  de  certains  
services  interdits  d’accueil  du  public en raison de 
la crise COVID-19 

15-10-2021 

34 

France 

SA.100430 

COVID-19 - Garantie au bénéfice d’Air France 
(prolongation de la mesure d'aide SA.57082) 

01-12-2021 

35 

Germany 

SA.60045 

November Assistance Extra under Article 107 (2)(b) 
TFEU-Covid 

21-01-2021 

126 

 
 
36 

37 

38 

39 

40 

Germany 

SA.59173 

COVID-19: Federal umbrella scheme for damage 
compensation of fairs and congresses 

22-01-2021 

Germany 

SA.62099 

Second amendment of the COVID-19 airport scheme 

16-03-2021 

Germany 

SA.62763 

Germany - COVID-19 - Amendment of an existing 
aid scheme for rail freight transport 

21-05-2021 

Germany 

SA.62784 

Covid-19 - Art. 107 2b Federal Umbrella Scheme 

28-05-2021 

Germany 

SA.63617 

Germany – COVID-19 aid to Condor Flugdienst 
GmbH 

26-07-2021 

41 

Germany 

SA.63635 

Germany - COVID-19 - Amendment of an existing 
aid scheme for rail freight transport and temporary 
support for long-distance rail passenger transport 
providers 

30-07-2021 

42 

Germany 

SA.63846 

Covid 19 – Damage compensation for Deutsche Bahn 
AG 

10-08-2021 

43 

Germany 

SA.64720 

COVID-19 -Temporary grant of federal aid in the 
form of compensation for organisers of trade fairs 
and exhibitions 

08-10-2021 

Germany 

SA.64494 

Prolongation of SA.59173(2020/N): COVID-19: 
Federal umbrella scheme for damage compensation 
of fairs and congresses 

11-11-2021 

Germany 

SA.100944 

Prolongation and Modification of SA.62784 

21-12-2021 

44 

45 

46 

Germany 

SA.63847 

COVID-19: Damage compensation for DB AG to 
cover damages incurred by DB Cargo 

22-12-2021 

Support of the producers in sectors of i.Buffalo 
breeding throughout the country, ii.Outdoor 
watermelon throughout the country, iii. Greenhouse 
crops throughout the country except from Crete in 
tomatoes and cucumbers, iv. Summer and autumn 
potatoes t 

05-03-2021 

Greece 

SA.62095 

Greece 

SA.62052 

COVID-19 Aid to Athens international Airport 

26-07-2021 

47 

48 

127 

 
49 

Ireland 

SA.59709 

Ireland – COVID-19 - Aid to airport operators  

23-02-2021 

50 

51 

Ireland 

SA.100481 

Amendment of SA.59709 - Ireland – COVID-19 - 
Aid to airport operators 

03-12-2021 

Italy 

SA.59518 

COVID-19: Aid to Toscana Aeroporti 

01-03-2021 

52 

Italy 

SA.59346 

COVID-19 - Damage compensation to commercial 
rail passenger operators 

10-03-2021 

53 

54 

55 

56 

57 

Italy 

SA.59376 

COVID-19 - Reduction of track access charges for 
rail freight and commercial rail passenger services 

24-03-2021 

Italy 

SA.61676 

Covid 19 – Alitalia damage compensation III 

26-03-2021 

Italy 

SA.62542 

Covid 19 – Alitalia damage compensation IV 

12-05-2021 

Italy 

SA.62762 

Prolongation of the COVID-19 scheme for the 
reduction of track access charges for rail freight and 
commercial rail passenger services  

09-06-2021 

Italy 

SA.63234 

Italy, Covid 19 - Alitalia damage compensation V 

02-07-2021 

58 

Italy 

SA.62392 

COVID-19: damage compensation for tour operators 
and travel agencies  

08-07-2021 

Italy 

SA.63074 

Damage compensation scheme for airport 
infrastructure managers and ground handling 
operators in Italy 

26-07-2021 

Italy 

SA.63534 

COVID-19: Compensation for ski lift companies 

04-08-2021 

Italy 

SA.62152 

COVID-19 – Amendment to the damage 
compensation scheme for airlines with an EU 
operating license delivered by Italy 

09-08-2021 

Italy 

SA.63317 

COVID-19: Italy - compensation scheme for fairs 
and congresses 

30-08-2021 

59 

60 

61 

62 

63 

Italy 

SA.63652 

Second prolongation of the COVID-19 scheme for 
the reduction of track access charges for rail freight 
and commercial rail passenger services 

14-09-2021 

128 

 
64 

65 

Italy 

SA.62539 

COVID-19: Damage compensation to the Calabrian 
airports 

14-12-2021 

Latvia 

SA.101032 

COVID-19: Damage compensation to airBaltic 

21-12-2021 

66 

Luxembourg 

SA.59682 

COVID-19: Prolongation of and Amendment to 
SA.57708 

15-02-2021 

67 

Netherlands 

SA.59706 

COVID-19: compensation scheme for Dutch zoos 
under Article 107(2)(b) TFEU 

12-02-2021 

68 

69 

Netherlands 

SA.62743 

COVID-19: Guaranteed Compensation Scheme for 
Annulled Events 

11-06-2021 

Netherlands 

SA.62368 

COVID-19: Aid to the fireworks sector 

21-09-2021 

70 

Netherlands 

SA.100223 

COVID-19: Amendment of Guaranteed 
Compensation Scheme for Annulled Events 
(SA.62743) 

21-10-2021 

71 

Netherlands 

SA.100303 

COVID-19: Amendment to SA.62368 concerning aid 
to the fireworks sector 

12-11-2021 

72 

Netherlands 

SA.100258 

COVID-19: Second compensation scheme for zoos 
under Article 107(2)(b) TFEU 

09-12-2021 

73 

Poland 

SA.59800 

COVID-19 - Polish anti-crisis measures - receivables 
insurance 

01-06-2021 

74 

Poland 

SA.62752 

COVID-19 -The Polish anti-crisis measures – aid for 
damage compensation and to improve the liquidity of 
undertakings affected by the COVID-19 outbreak 2.0 
and amendments to schemes SA.57054 and 
SA.57306 

17-06-2021 

Poland 

SA.63947 

COVID-19: The Polish anti-crisis measures – aid for 
damage compensation and to improve the liquidity of 
undertakings affected by the COVID-19 outbreak 

15-07-2021 

Poland 

SA.63700 

COVID-19 Damage compensation to Poczta Polska 
S.A. 

16-12-2021 

75 

76 

77 

Portugal 

SA.58082 

COVID-19: State guarantee for the insurance of 
domestic trade credit risks 

31-03-2021 

129 

 
78 

Portugal 

SA.62304 

COVID-19 Damages compensation to TAP 

23-04-2021 

79 

Portugal 

SA.61771 

COVID - 19 - SATA - compensation of damages 
resulting from extraordinary events  

30-04-2021 

80 

81 

82 

Portugal 

SA.63041 

Portugal – COVID-19: Amendment of SA.62304 
(2021/N) Damage compensation to TAP Portugal 

12-05-2021 

Portugal 

SA.63402 

COVID 19 - Compensation to TAP SA II 

21-12-2021 

Portugal 

SA.100121 

COVID-19 Damages compensation to TAP III 

22-12-2021 

83 

Slovakia 

SA.63467 

COVID-19 - Prolongation of aid scheme to airport 
operators (SA.59240) 

08-07-2021 

84 

Slovakia 

SA.100845 

COVID-19 - SK- Prolongation and amendment of 
SA.59240 and SA.62256 

14-12-2021 

85 

Slovenia 

SA.59994 

Fraport Slovenija, d.o.o. - Compensation of the 
damage caused by the outbreak of COVID-19  

01-02-2021 

86 

Slovenia 

SA.63636 

COVID-19: Compensation to concession holder of 
Postojna and Predjama caves 

17-08-2021 

87 

Spain 

SA.63266 

ECON - SPAIN – COVID-19 – Guarantee scheme 
for undertakings with composition agreements 
(extension of S.A.59045) 

09-06-2021 

88 

89 

Spain 

Spain 

SA.63690 

SA.58343 

COVID-19: Trade credit reinsurance scheme 
(Prolongation)  

COVID-19 aid to Air Nostrum 

01-07-2021 

22-07-2021 

90 

Sweden 

SA.60323 

COVID-19: Prolongation of SA.58690 - COVID-19: 
aid for cancelled and postponed cultural events  

15-02-2021 

91 

Sweden 

SA.59609 

Prolongation and amendment of compensation 
scheme SA.57372 (as amended and prolonged by 
SA.58631) for undertakings faced with turnover 
losses due to COVID-19 in June and July 2020 

05-03-2021 

130 

 
92 

Sweden 

SA.62406 

COVID-19: Compensation scheme for close downs 
and prohibitions due to COVID-19 

14-07-2021 

93 

Sweden 

SA.63073 

Prolongation and amendment of compensation 
scheme SA.57372 (SA.58631, SA.59609) for 
undertakings faced with turnover losses due to 
COVID-19 during August 2020 – April 2021 

26-07-2021 

94 

Sweden 

SA.100044 

COVID-19: Prolongation and amendment of 
compensation scheme SA.57372 (SA.58631, 
SA.59609, SA.63073) for undertakings faced with 
turnover losses due to COVID-19 during May – 
September 2021 

18-10-2021 

95 

Sweden 

SA.100464 

COVID-19: Reduction of infrastructure access 
charges for transport services by rail 

07-12-2021 

ANNEX 3. 

Banking State aid cases: Decisions adopted by the Commission in 2021 
by country 

Member 
State 

Case number / Title  Type of Decision 

Sweden 

SA.56348 

Swedish tax on credit institutions 

Denmark 

SA.58478 

Denmark  –  Third  prolongation  of  the  winding-up 
scheme for small banks 

Date 
Adoption 

of 

24/11/2021 

28/01/2021 

1 

2 

3 

Poland 

SA.63002 

Eleventh  prolongation  of  the  Credit  Unions  Orderly 
Liquidation Scheme 

2/07/2021 

4 

Poland 

SA.64522 

Sixth  prolongation  of  the  resolution  scheme  for 
cooperative banks and small commercial banks 

29/10/2021 

5 

Poland 

SA.63965 

Deferral  of  the  formal  liquidation  of  Bank  Nowy 
BFG 

3/08/2021 

6 

Ireland 

SA.62303 

13th  prolongation  of  the  Credit  Union  restructuring 
and stabilisation scheme 

6/05/2021 

131 

 
 
 
 
 
 
 
7 

Ireland 

SA.100030 

14th  Prolongation  of 
Stabilisation Scheme for the Credit Union Sector 

the  Restructuring 

and 

29/10/2021 

8 

Ireland 

SA.62649 

17th  prolongation  of  the  Credit  Union  Resolution 
Scheme 2020-2021 

17/05/2021 

9 

Greece 

SA.59030 

Prolongation  of  the  Liquidity  Guarantee  Scheme  for 
banks  

10/03/2021 

10  Greece 

SA.62242 

Prolongation of the Hercules scheme 

11 

Italy 

SA.62880 

Fourth  prolongation  of  the  Italian  guarantee  scheme 
for the securitisation of non-performing loans 

12  Bulgaria 

SA.61100 

FMFIB Capital Increase 

9/04/2021 

14/06/2021 

02/12/2021 

132