European Commission
DG Competition
8. April 2019
19/02214-12
Danish response to the public consultation on the Notice on the re-
covery of unlawful and incompatible State aid
The Danish Government appreciates the opportunity to comment on the
Commissions' draft revised notice on recovery of unlawful and incompat-
ible State aid.
In general, we appreciate that the Commission in the new draft further
explains the rules and procedures governing the recovery of State aid in
situations where the Commission has issued a recovery decision. We find
it important that the Commission provides transparency on how it intends
to cooperate with Member States to ensure compliance with their obliga-
tions under Union law to recover unlawful and incompatible state aid.
We note that the draft provides for clarification on the Commission's
practice to accept retrospective application of the
de minimis
rule in situa-
tions where all conditions in the
de minimis
regulation is fulfilled.
As for the time limits to execute a recover decision; the Commission will
according to the draft notice maintain two deadlines in recovery deci-
sions. A first deadline for the Member States to provide the Commission
with information on the planned measures to recover the aid and a second
deadline for the Member state to fulfil the recovery obligation. We find
that it would be appropriate to include approximate time limits in the no-
tice in order to ensure legal certainty, equal treatment and transparency of
the recovery process.
As from 11 October 2018 the Commission has been publishing on a web-
site the provisional and final result of recovery decisions including the
identity of the beneficiaries, the aid amount repaid and the recovery inter-
est repaid. We find it appropriate that the draft recovery notice address
this practice and explains the background for the increased transparency
in respect to the execution of recovery decisions.
MINISTRY OF INDUSTRY,
BUSINESS AND FINANCIAL
AFFAIRS
Slotsholmsgade 10-12
1216 Copenhagen K
Denmark
Tlf.
+45 33 92 33 50
Fax.
+45 33 12 37 78
CVR-nr. 10092485
EAN nr. 5798000026001
www.em.d