Covington & Burling (Brussels)

Carole Maczkovics

Covington & Burling (Brussels)
Of Counsel

Carole Maczkovics is a counsel at Covington, in the Brussels office. As a member of Covington’s competition team, she manages complex State aid and EU law matters for public and private entities, including administrative and judicial proceedings before the European Commission, and before the Belgian and European courts. She also assist clients with the application of the new EU Foreign Subsidy Regulation and UK subsidy control regime. Drawing on her strong regulatory and public contracting background, as well as a deep expertise in highly regulated sectors, such as transport (rail and air) and energy, she helps clients achieve their strategic objectives. Carole is also a visiting lecturer on the application of the regulation and competition law in the rail sector at King’s College London and at the Brussels School of Competition, where she trains in-house lawyers in State aid at EFE, Paris, and serves as an academic director at the European State aid Law Institute. In her spare time, she volunteers in the cultural sector (Rosas), and enjoys nature walks, running and open water swimming.

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Articles

3590 Bulletin

Christian Ahlborn, Peter Camesasca, Carole Maczkovics, Johan Ysewyn The EU Commission commences the implementation of the Foreign Subsidies Regulation aimed at preventing foreign subsidies from distorting the EU internal market

105

The Foreign Subsidies Regulation (“FSR”) enters into force today, 12 July 2023. It creates a new instrument designed to prevent foreign subsidies from distorting the EU internal market (see our blog). The objective is to level the playing field within EU markets between companies subject to (...)

Christian Ahlborn, Laurie-Anne Grelier, Carole Maczkovics, James Marshall, Melissa Van Schoorisse, Sibel Yilmaz, Johan Ysewyn The EU Commission publishes the Implementing Regulation for the Foreign Subsidies Regulation

77

What does the new EU Foreign Subsidies Regulation (FSR) mean for companies doing business in the EU?* The EU Foreign Subsidies Regulation (FSR) adopted in December 2022 creates a new instrument to prevent foreign subsidies from distorting the European Union (EU) internal market. It aims to (...)

Johan Ysewyn, Carole Maczkovics The EU Commission Executive Vice-President Vestager announces new State aid investigations into multinationals’ tax rulings following a recent decision of the Court of Justice (Fiat Chrysler)

104

The European Competition Commissioner, Margrethe Vestager, announced on 20 March 2023 that new State aid investigations into “aggressive tax planning” practices of multinationals can be expected. This follows an in-depth inquiry into tax ruling practices in European Union (“EU”) Member States (...)

Peter Camesasca, Carole Maczkovics, Laura van Kruijsdijk The Belgian Government takes action to screen foreign direct investment on its territory following the adoption of the FDI screening mechanism legislation

74

Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime may place additional compliance obligations on (...)

Carole Maczkovics, Johan Ysewyn, Peter Camesasca, Sophie Bertin, Christian Ahlborn, Sibel Yilmaz The EU Parliament and Council passes into force the Foreign Subsidies Regulation designed to prevent the distortion of the internal market

278

Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (FSR) entered into force on 12 January 2023 and will start to apply as of 12 July 2023. The FSR creates a brand new instrument to fill a regulatory (...)

Johan Ysewyn, Sophie Bertin, Carole Maczkovics, Antoine Espinasse The EU Commission prolongs and amends its Temporary Crisis Framework relaxing State aid rules to support the economy following the aggression against Ukraine by Russia

118

On 28 October 2022, the European Commission (the “Commission”) adopted the second amendment to its Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). The second amendment to the Framework extends its (...)

Peter Camesasca, Carole Maczkovics, Sophie Bertin The EU Parliament signs the Commission’s proposal which would allow the Commission to examine whether foreign subsidies have a potential negative impact on the internal market

245

On 4 May 2022, the European Parliament (the “Parliament”) adopted its position on the proposal of the European Commission (the “Commission”) for a Regulation on foreign subsidies distorting the internal market (the “Foreign Subsidies Regulation”) (see our alert on the proposal). It confirms (...)

James Marshall, Sophie Bertin, Carole Maczkovics, Grace Kim, Antoine Espinasse The UK Government’s Subsidy Control Bill receives Royal Assent and passes into law transitioning the UK to a regime where potential aid is self-assessed by the relevant public body, as opposed to being approved by the EU Commission or UK Competition Authority

503

On 28 April 2022, the Subsidy Control Bill (the “Bill”) received Royal Assent, becoming the Subsidy Control Act 2022 (the “Act”). The Act lays the basic framework for the new UK-wide subsidy control regime, which is now expected to come into force in Autumn 2022. Although the Act primarily (...)

Johan Ysewyn, Sophie Bertin, Carole Maczkovics The EU Commission adopts a temporary crisis framework for state aid measures to support the economy following the aggression against Ukraine by Russia

485

On 23 March 2022, the European Commission (the “Commission”) adopted a Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). In a similar fashion to the temporary framework that the Commission has adopted (...)

Johan Ysewyn, Carole Maczkovics, Sophie Bertin The EU Commission adopts its revised communication on the 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 “IPCEI”

272

On 25 November 2021, the Commission adopted its revised Communication on the 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 (“IPCEI”). This is particularly relevant for companies (...)

Carole Maczkovics The EU Court of Justice dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)

298

There is no doubt that undertakings entrusted with
the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services (...)

Johan Ysewyn, Carole Maczkovics The EU Court of Justice determines that Member States are obliged to recover aid deemed unlawful by the Commission even where there may be ’legitimate expectations’ to the contrary, failure to do so would not comply with the principle of effectiveness (Alcan Deutschland)

41

On 20 March 1997, the Court of Justice of the European Union (CJEU) judged that Member States are obliged to revoke a decision granting unlawful aid that the Commission has declared incompatible and which it has ordered recovery (case C-24/95). The CJEU’s preliminary ruling was referred by (...)

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