Adapting to Change: COVID-19 as a Factor Shaping EU State Aid Law

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 621-631 | European Forum Insight of 7 May 2020 | (Table of Contents) I. Introduction. - II. Art. 107, para. 3, let. b), TFEU and the Temporary Framework to support the economy in the context of the virus outbreak. - III. Art. 107, para. 3, let. c), TFEU and the Temporary Framework to support the economy in the context of the COVID-19 outbreak. - IV. Other paths: Art. 107, para. 2, let. b), TFEU, the GBER, and the de minimis Regulations. - V. The way forward? | (Abstract) The purpose of this Insight is to illustrate how State aid law will work in this troubled time. First, it focuses on Art. 107, para. 3, let. b) and c), TFEU and the Temporary Framework adopted by the European Commission to support the economy in the context of the COVID-19 outbreak. Furthermore, it clarifies the role that Art. 107, para. 2, let. b), TFEU may play. Finally, it takes into consideration the General Block Exemption Regulation, and the de minimis Regulations. It is argued that a new approach to State aid law will be needed in the coming years, based on a compensation mechanism and some other expedients to avoid competitive distortions.