The European Commission has launched a public consultation on the draft of new Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (‘Rescue and Restructuring Guidelines’). The new version will align the existing Guidelines with current social, market and technological conditions. The Commission invites member states and all other interested parties to comment on the draft by 4 September 2026.
The Rescue and Restructuring Guidelines, which were first adopted in 2014, set out the conditions under which state aid to non-financial companies in difficulty may be allowed under EU state aid rules.
The Commission proposes several changes which 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.
In addition to the consultation launched today, the draft Rescue and Restructuring Guidelines will be discussed in a meeting between the Commission and member states. The public consultation will close on 4 September 2026. This process ensures that member states, as well as other interested parties, have several opportunities to comment on the proposal. 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.
Clean, Just and Competitive Transition Executive Vice President Teresa Ribera (pictured) said: “The new Rescue and Restructuring Guidelines we propose today will adapt the rules to our current economic environment, while keeping in mind that this kind of aid strongly distorts competition in the internal market. I strongly encourage all public authorities, companies and other interested parties to participate in this important consultation.”
A press release is available online.
