Gegenbeihilfenmaßnahmen

Gegenbeihilfenmaßnahmen refers to remedies or countermeasures implemented in response to state aid that has been deemed illegal or incompatible with the internal market by a competent authority, such as the European Commission. When a Member State grants aid to an undertaking that distorts or threatens to distort competition by favouring certain enterprises or the production of certain goods, and this aid has not been approved or is found to be unlawful, the authority can order the recovery of this aid. Gegenbeihilfenmaßnahmen are the measures taken to rectify the negative consequences of this illegal state aid.

These measures typically involve the repayment of the granted aid by the beneficiary undertaking to the granting authority. The aim is to restore the situation that existed before the illegal aid was granted, thereby eliminating the distortion of competition. This restoration can include not only the principal amount of the aid but also interest accrued since the aid was made available. In some cases, if full repayment is impossible or if it would impose an excessive burden on the undertaking, alternative measures might be considered, though recovery of the aid is the primary and preferred solution. The effectiveness of Gegenbeihilfenmaßnahmen is crucial for maintaining a level playing field within the internal market and ensuring fair competition among businesses.