Granting and refunding of state/de minimis aid
 

Updated last 26.03.2021

What is granting of state/de minimis aid?

Granting of state/de minimis aid is performed by means of a granting act, issued by an administrator (e.g., Decision/Order of the head of the managing body of the Operational Programme or a beneficiary (a public body for financial grants to third parties - enterprises [1]).

 

The distribution of the roles for granting and refunding of State aid include:


Granting of aid

Refunding of aid

EC

Develops the compatibility guidelines for the aid and evaluates specific cases.

Orders refunding of unlawful and incompatible aid or improperly used state aid.

The EC does not issue any rulings for refunding „de minimis“ aid.

Member-State

Notifies/evaluates measures and ensures the application of the state aid rules.

EC’s Decision for refunding has not individualized the aid beneficiaries and the amount of the aid, to be refunded;

  • Refunding of “de minimis” aid ;

The receivable is to be collected by the National Revenue Agency in accordance with the provisions of the Tax and Social Security Administrative Code.

Aid Administrator

Grants or manages, including development, state aid or de minimis aid.

When EC's refunding decision has not individualized the aid beneficiaries, the Aid Administrator is obliged to establish the persons, who has received the unlawful aid, and the amount of the aid, received by each person.

EU's Courts of Law

Judge on the lawfulness of EC's decisions.

National courts of law

Judge on the lawfulness of the national decisions.

Review appeals to acts for the refunding of the aid.

Beneficiaries

 

Ensure that the aid is lawful. Spend it according to its purpose.


 

Refund the received unlawful and incompatible aid.

May appeal the refunding act according to the provisions of the Administrative procedure code.

Competitors

Each and every interested party may challenge the act for the refunding of the state aid or de minimis aid, if interests are affected, related to their respective activity, according to the provisions of the Administrative procedure code.

May submit complaints to the EC.

 

What is the refunding of unlawful2 and incompatible state aid?

The refunding of unlawful and incompatible state aid is the implementation of a complex of measures in order for the beneficiary of the aid to refund what he has received, in accordance with specific conditions, so that the existing market conditions, prior to the granting of the aid, to be restored, as if the aid had not been granted.


Important to know
For more information

Unlawful and incompatible state aid is to be refunded, including an interest, accrued from the aid provision date to the date of complete refunding.

 

For more information
Important to know

For more information regarding the regulatory framework please refer to the State Aid Act and its Implementing Rules.

Information regarding the European regulatory framework, related to state aid, please visit the website of the:

 

For more information
For more information

For more information on the State aid in the area of agriculture please refer to the websites of the:


[1] “Enterprise” under the state aid regulations could be any subject regardless of performing or not performing economic activities. It is enough that the activity in favor of which the financing is granted could be performed for profit. 2Unlawfully received “de minimis aid" is de minimis aid, granted in violation of the regulation on the de minimis aid or an act of the national legislation.

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