CASE COMMENTS: STATE AID - EUROPEAN UNION - COMPATIBLE AID - SMES - INDEPENDENCE

Notion of SME: The European Court of Justice clarifies the definition of small and medium-sized enterprises within the meaning of the General Block Exemption Regulation, in particular the concept of independence in this context (NMI Technologietransfer / EuroNorm)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 24 September 2020, the Court of Justice delivered a preliminary ruling (on a reference from the Berlin Administrative Court) on the definition of small and medium-sized enterprises ("SMEs") within the meaning of Article 3(4) of Annex I to Regulation No 651/2014 declaring certain categories of aid compatible with the internal market ("the exemption Regulation"). In particular, the question examines the scope of the concept of independence. Article 3(4) provides that: "Except in the cases referred to in the second subparagraph of paragraph 2, an enterprise cannot be considered an SME if 25 % or more of its capital or voting rights are controlled,

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Ciara Barbu-O'Connor, Notion of SME: The European Court of Justice clarifies the definition of small and medium-sized enterprises within the meaning of the General Block Exemption Regulation, in particular the concept of independence in this context (NMI Technologietransfer / EuroNorm), 24 September 2020, Concurrences N° 4-2020, Art. N° 97651, pp. 181-183

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