Collective Insolvency and the GBER* The eligibility of an aid applicant and the legality of the aid are determined at the point when the aid is granted. If afterwards the aid recipient ceases to be an SME or enters in financial difficulties it is not a relevant issue. Introduction When Member States grant aid on the basis of the General Block Exemption Regulation [Regulation 651/2014] they must comply with all of the requirements of the GBER, especially with its exclusions. That is, national measures must explicitly state that who is eligible for aid and who is not eligible for aid. This is because the GBER does not apply to certain sectors [e.g. primary agricultural production], export aid, aid conditional on the use of domestic products, aid measures infringing fundamental
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The EU Court of Justice finds that the eligibility of a State aid applicant and the legality of the aid are determined at the point when the aid is granted (Nerea)
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