Nove smernice Evropske unije o državnoj pomoći za sanaciju i restrukturiranje nefinansijskih preduzeća u teškoćama

Dimitrijević, Duško (2015) Nove smernice Evropske unije o državnoj pomoći za sanaciju i restrukturiranje nefinansijskih preduzeća u teškoćama. Evropsko zakonodavstvo, XIII (54). pp. 167-175. ISSN 1451-3188

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Abstract

The present article deals principally with certain legal aspects concerning the application of the New Guidelines on State aid for rescuing and restructuring firms in difficulty. The EU Commission adopted the New Guidelines on July 9, 2014, after a consultation on draft guidelines launched on 5 November 2013. The New Guidelines entered into force on 1 August 2014. It will apply until 31 December 2020. The New Guidelines are replacing a set of rules on rescue and restructuring of companies that have been in force since the 1990’s. Actually, the original guidelines on the subject matter were adopted by the EU Commission in 1994. In 1999, the EU Commission issued an amended version of the guidelines. Then, in 2004, an additional version of the guidelines followed. The revision of the 2004 guidelines, which were originally due to expire in 2009, was postponed a number of times as a result of the financial crisis, during which the EU Commission applied a special rescue and restructuring regime for the financial sector. The initial idea consisted of adopting the new rescue and restructuring rules applicable to both the financial sector and the real economy. Finally, the New Guidelines only apply to non-financial firms in difficulty. However, the New Guidelines drew on all of that work, as well as on the basis of the EU Commission’s experience in applying the pre-existing rules and in assessing rescue and restructuring aid for banks during the crisis. Hence, the Commission has considerably tightened the conditions under which rescue and restructuring aid may be approved under the New Guidelines.

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