Austrian Constitutional Court (VfGH): transferring responsibilities to COFAG is unconstitutional

In its decision G 265/2022-45 of 5 October 2023, the VfGH overturned several regulations regarding COFAG in the Austrian ABBAG Act as unconstitutional. In the course of its decision, the VfGH has decided that the requirements to transfer responsibilities of the state’s private-sector administration to the private legal entity COFAG were only met in part […]

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Newsflash: Electricity cost compensation 2022

Companies, which were particularly affected by a significant increase in electricity prices in 2022, following the integration of greenhouse gas emission costs from European emissions trading, and which were exposed to the actual risk of carbon leakage, may apply for the electricity cost compensation 2022 at aws only until 30 September 2023. In our entry […]

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Electricity cost compensation 2022

The Austrian Parliament passed the Electricity Cost Compensation Act 2022 (“SAG 2022”) in order to provide relief to Austrian companies, which were particularly affected by a significant increase in electricity prices following the integration of greenhouse gas emission costs from European emissions trading, and which were exposed to the actual risk of carbon leakage in […]

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Foreign Subsidies Regulation – Expanded EU State aid rules

On 12 January 2023, the new regulation on foreign subsidies (Foreign Subsidies Regulation, “FSR”) agreed by the European Parliament and the Council entered into force. The FSR is intended to enable the identification and redress of possible distortions in the EU internal market caused by foreign subsidies to companies operating in the EU. According to […]

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Subsidy guideline for energy costs subsidy 1 – Q4 2022 and details on the lump-sum energy costs subsidy have been announced

Already at the beginning of the year, the National Council resolved to extend energy costs subsidy 1, which was originally planned to run until September 2022. Now the guideline has been published just in time for the start of the application period on 17 April 2023. More details have also been announced with regard to […]

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Update on energy costs subsidies I and II for companies and the lump-sum energy costs subsidy for small enterprises

The energy costs subsidy was introduced last year to cover a portion of the extra costs resulting from the exceptionally sharp increase in energy prices, and in this way to relieve companies. Further measures to combat the ongoing inflation have been passed and new details communicated. Extension of energy costs subsidy I Energy costs subsidy […]

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Newsflash on the energy costs subsidy for companies

On 31 January 2023 the National Council approved the extension of the energy costs subsidy for companies as announced in the media in December 2022 (see newsletter from 3 January 2023). Specifically, the governing parties agreed to extend energy costs subsidy 1 (EKZ 1) until the end of December 2022 and to launch energy costs […]

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EU Council and Parliament Reach a Provisional Agreement on Carbon Border Adjustment Mechanism

The Carbon Border Adjustment Mechanism(CBAM) is a fundamental part of the “Fit for 55” package. This initiative aims to reduce net greenhouse gas emissions by 55% by 2030 (as compared to emissions in 1990) and to become a climate-neutral continent by 2050. The proposal for a carbon border adjustment mechanism was presented in July 2021. […]

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Energy costs subsidy guidelines published

The energy costs subsidy is a subsidy programme of the Austrian Federal Government to support energy-intensive companies in Austria in light of currently high energy prices. After the Austrian Federal Government published the first details of its energy costs subsidy guidelines at the end of September 2022 and obtaining the approval of the European Commission […]

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Update to the energy costs subsidy for companies

In late September 2022, initial details of the energy costs subsidy were published (see newsletter of 29 September 2022). The relevant guidelines themselves have not yet been published and are currently subject to review by the European Commission (notification procedure). Approval is expected in the coming days. According to the recent press release of the Austrian […]

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