Austrian Ceiling Regulation published – reclassification of COVID-19 subsidies exceeding the ceilings now possible in company groups

During the COVID-19 pandemic, the BMF (Austrian Ministry of Finance) has paid out several aids in the form of COVID-19 subsidies to companies pursuant to EU state aid law via the COVID-19 Finanzierungsagentur des Bundes GmbH (COFAG). In the course of implementation in Austria, the design of the ceilings for state aid pursuant to section […]

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Guideline on processing late applications by COFAG under the law on state aid adopted – further payment of COVID-19 subsidies possible

During the COVID-19 pandemic, the BMF (Austrian Ministry of Finance) has paid out several aids in the form of COVID-19 subsidies pursuant to EU state aid law via the COVID-19 Finanzierungsagentur des Bundes GmbH (COFAG). In national implementation the granted application periods deviated from EU regulations resulting in initial applications submitted after 30 June 2022 […]

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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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Compensation for Losses II

The Guidelines on the Extension of the Grant of Compensation for Losses were published in the Austrian Federal Law Gazette on 28 July 2021 and amended on 23 December 2021. In the following entry (last updated 7 February 2022), we provide information on the most important points. General prerequisites for application Companies which have their […]

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