Commission invites comments on draft new rescue and restructuring State aid guidelines
The European Commission has launched a public consultation on the draft of new Guidelines on State aid for rescuing and restructuring non-financial undertaking in difficulty (‘Rescue and Restructuring Guidelines’).
The Commission proposes several changes that aim to reflect today’s changed economic context. The draft proposes to include the steel sector in the sectoral scope of the Guidelines, remove certain types of innovative startups from the solvency test of the “undertaking in difficulty” definition, and include some types of hybrid financial instruments in the determination of equity to assess whether a company is in difficulty.
The Commission invites Member States and all other interested parties to comment on the draft by 4 September 2026. The adoption of the revised Rescue and Restructuring Guidelines is planned for the end of 2026, before the current Guidelines expire on 31 December 2026.
Clayton & Segura can help you prepare and submit your comments.
For more information, see the Commission’s PR.