The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19

The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak.

Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “The self-employed are hit hard by the coronavirus outbreak. With this scheme, Denmark will compensate up to 75% of the expected loss of turnover for the self-employed with a maximum compensation of DKK 23,000 (€3000) per month and per person. The economic impact of the pandemic is severe. In this context, the Commission is working with all Member States to find workable solutions, in line with EU rules.”

Denmark notified the Commission of its intention to set up a DKK 10 billion (approximately €1.3 billion) aid scheme to compensate self-employed, whose activities are negatively affected by the coronavirus outbreak.

Under the scheme, which will run until 9 June 2020, self-employed registered in the Danish Civil Registration System will be entitled to be partially compensated for the losses of turnover suffered as a result of the coronavirus outbreak. The compensation will take the form of grants and will cover 75% of the expected loss of turnover for a period of three months, calculated on the basis of the average monthly turnover in 2019. The maximum compensation will be DKK 23,000 (€3000) per month and per person.

The Commission assessed the measure under Article 107(2)(b) of the Treaty on the Functioning of the European Union (TFEU), which enables the Commission to approve State aid measures granted by Member States to compensate specific companies or specific sectors (in the form of schemes) for the damages directly caused by exceptional occurrences.

The Commission considers that the coronavirus outbreak qualifies as an exceptional occurrence, as it is an extraordinary, unforeseeable event having a significant economic impact. As a result, exceptional interventions by the Member States to compensate for the damages linked to the outbreak are justified.

The Commission found that the Danish aid scheme will compensate damages that are directly linked to the coronavirus outbreak. In this respect, the scheme will contribute to address the economic damage caused by the coronavirus in Denmark. It also found that the measure is proportionate, as the foreseen compensation does not exceed what is necessary to make good the damage.

The Commission therefore concluded that the scheme is in line with EU State aid rules, in particular Article 107(2)(b) TFEU, as it will contribute to mitigate the negative consequences of coronavirus for Danish businesses, without unduly distorting competition in the Internal Market.

Background

Financial support from EU or national funds granted to health services or other public services to tackle the coronavirus situation falls outside the scope of State aid control. The same applies to any public financial support given directly to citizens. Similarly, public support measures that are available to all companies such as for example wage subsidies and suspension of payments of corporate and value added taxes or social contributions do not fall under State aid control and do not require the Commission’s approval under EU State aid rules. In all these cases, Member States can act immediately.

When State aid rules are applicable, Member States can design ample aid measures to support specific companies or sectors suffering from the consequences of the coronavirus outbreak in line with the existing EU State aid framework. On 13 March 2020, the Commission adopted a Communication on a Coordinated economic response to the COVID-19 outbreak setting out these possibilities. In this respect, for example:

  • Member States can compensate specific companies or specific sectors (in the form of schemes) for the damage suffered due and directly caused by exceptional occurrences, such as those caused by the coronavirus outbreak. This is foreseen by Article 107(2)(b)TFEU.
  • State aid rules based on Article 107(3)(c) TFEU enable Member States to help companies cope with liquidity shortages and needing urgent rescue aid.
  • This can be complemented by a variety of additional measures, such as under the de minimis Regulation and the General Block Exemption

Regulation, which can also be put in place by Member States immediately, without involvement of the Commission. In addition to the existing possibilities already foreseen by existing EU State aid rules, on 19 March 2020, the Commission adopted a State aid Temporary Framework to enable Member States to use the full flexibility foreseen under State aid rules to support the economy in the context of the coronavirus outbreak

The Framework, based on Article 107(3)(b) TFEU, recognises that the entire EU economy is experiencing a serious disturbance. To remedy that, the Temporary Framework provides for five types of aid: (i) Direct grants, selective tax advantages and advance payments; (ii) State guarantees for loans taken by companies from banks; (iii) Subsidised public loans to companies; (iv) Safeguards for banks that channel State aid to the real economy; (v) Short-term export credit insurance.

The Temporary Framework will be in place until the end of December 2020. With a view to ensuring legal certainty, the Commission will assess before that date if it needs to be extended.

The non-confidential version of the decision will be made available under the case number SA.56791 in the State aid register on the Commission’s competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the State Aid Weekly e-News.

More information on the temporary framework and other action the Commission has taken to address the economic impact of the Coronavirus pandemic can be found here.

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European Commission, The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19, 25 March 2020, e-Competitions March 2020, Art. N° 93960

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