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Implementation of the Green Deal:

Integrating Environmental Protection Requirements into the Design and Assessment of State Aid

Simone Lünenbürger, Clemens Holtmann, Juliette Delarue


Keywords: Green Deal, environmental protection, Article 11 TFEU, State aid policy, guidelines

The Commission has announced its intention to revise a series of State aid rules (GBER and a number of guidelines) in light of the Green Deal by the end of 2021. At the same time, the Commission is examining how competition policy can be more effective to combat climate change and contribute to the protection of the environment. This article demonstrates that environmental protection requirements can and must be integrated into the definition and implementation of the Union's State aid policy, not only when it comes to environmental aid. Article 11 TFEU provides for a legal obligation on the Commission to integrate environmental protection requirements into the definition and implementation of Union policies, including State aid policy. It is shown how this obligation can be integrated into the traditional assessment scheme, notably under Article 107 (3)(c) TFEU and how it can be broken down into concrete compatibility assessment criteria.
Keywords: Green Deal; environmental protection; Article 11 TFEU; State aid policy; guidelines

Dr Simone Lünenbürger and Dr Clemens Holtmann are senoir counsels at Redeker Sellner Dahs Rechtsanwälte Partnerschaftsgesellschaft mbB, Brussels Office. For correspondence: <> and <>. Juliette Delarue is a State aid lawyer/juriste at ClientEarth, an environmental law not-for-profit organisation. For correspondence: <>. All Internet links in this article were last accessed on 31 November 2020.


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