State aid—Ireland—Q&A guide [Archived, 2020 edition]

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

  • State aid—Ireland—Q&A guide [Archived, 2020 edition]
  • 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—Ireland—Q&A guide [Archived, 2020 edition]

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

Authors: A&L Goodbody—Vincent JG Power

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?

In terms of policy, Ireland, like all EU member states, is willing to provide state aid. Apart from state aid to the banking sector during the financial crisis and alleged aid to Apple (a decision which is under appeal to the EU's General Court), Ireland ranks the lowest among EU member states in terms of providing state aid in 2018 (https://ec.europa.eu/competition/state_aid/scoreboard/index_en.html). According to the European Commission's State Aid scoreboard, the total non-financial crisis state aid provided in 2018 by Ireland to the economy generally (with the exception of railways) was the second lowest in nine years, with state aid of only €674.4 million being provided by Ireland, which puts Ireland in the lowest position within the EU in terms of state aid as a percentage of GDP.

The level of state aid being provided by Ireland has been reducing almost continuously; for example, the level of state aid expenditure fell from €1.656 billion in 2010 to €674.4 million in 2017 (a fall of

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