State aid—Denmark—Q&A guide

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • State aid—Denmark—Q&A guide
  • 1. Outline your jurisdiction’s state aid policy and track record of compliance and enforcement. What is the general attitude towards subsidies in your system?
  • 2. Which national authorities monitor compliance with state aid rules and have primary responsibility for dealing with the European Commission on state aid matters?
  • 3. Which bodies are primarily in charge of granting aid and receiving aid applications?
  • 4. Describe the general procedural and substantive framework.
  • 5. Identify and describe the main national legislation implementing European state aid rules.
  • 6. What are the most significant national schemes in place governing the application and the granting of aid, that have been approved by the Commission or that qualify for block exemptions?
  • 7. Are there any specific rules in place on the implementation of the General Block Exemption Regulation (GBER)?
  • 8. Do state aid implications concerning public undertakings, public holdings in company capital and public-private partnerships play a significant role in your country?
  • 9. Are there any specific national rules on SGEI? Is the concept of SGEI well developed in your jurisdiction?
  • More...

State aid—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to state aid in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020).

Authors: Gorrissen Federspiel—Erik Kjær-Hansen; Josephine Alsing

1. Outline your jurisdiction’s state aid policy and track record of compliance and enforcement. What is the general attitude towards subsidies in your system?

The Danish state aid policy is generally to comply with state aid rules. Denmark has a good track record of complying with EU state aid rules and notifying potential aid to the European Commission (the Commission). Not many cases regarding Denmark’s non-compliance with EU state aid rules exist.

According to the Commission's 2018 State Aid Scoreboard, Danish state aid expenditure calculated in terms of percentage of GDP in 2017 was above the EU average. State aid was primarily granted for environmental protection and energy savings, but also for other general horizontal purposes such as employment, research, development and innovation, and culture. Denmark has a strong public sector and subsidies play a relatively important role.

Some of the most recent state aid cases concerning Denmark include aid to cancelled events related to covid-19; aid to written media; aid to botanical gardens; aid to festivals; aid to regional airports; a nature conservation scheme; and a winding-up scheme for small banks. 

2. Which national authorities monitor compliance with state aid

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