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Part IV Procedures before the Commission, 2 The Different Stages in the State Aid Procedure

Viktor Kreuschitz, Hanns Peter Nehl

From: State Aid Law of the European Union

Edited By: Herwig C. H. Hofmann, Claire Micheau

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

State aid provisions — European Union — Co-operation between Commission and member states — State aid

This chapter discusses the different stages in the State aid procedure. Regulation 2015/1589 distinguishes mainly between two categories of aid: those that have been duly notified and those that are considered as ‘unlawful State aid’ because they have not been notified to the Commission prior to implementation. The Procedural Regulation 2015/1589 is firmly based on two related concepts: (i) loyal cooperation between the Member States and the Commission; and (ii) the conduct of the administrative procedures as a form of privileged dialogue between these two parties. In so far as the Member State cooperates loyally, by notifying a planned measure together with all the relevant information such as to allow the Commission to reach a preliminary decision on the measure, the Regulation provides at least for the Member State concerned a clear framework for the investigation in its first phase.

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