Amount of State aid complaints submitted to DG Competition

La demande est réussie.

Dear Competition (COMP),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

1) How many state aid complaints have been submitted to DG Competition since 1st January 2014?

2) Of these, how many were submitted by the required form?

3) Of these, how many were considered as mere market information?

Thanks in advance.

Kind regards,

Wout

Concurrence

Dear Mr. Wout,

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements.

Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.

Yours faithfully,

COMP ACCESS TO DOCUMENTS

 

European Commission
DG COMPETITION
Unité R1
MADOU 12/47
B-1049 Brussels/Belgium

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Dear Competition,

Thank you for your prompt reply.

My full postal address is Sint-hubertusstraat 97 (6) 2600 Antwerpen, Belgium.

Thank you in advance.

Yours faithfully,

Wout DC

Dear Competition,

Thank you for your message.

My postal address is Vrije Universiteit Brussel Room 4B345 Pleinlaan 2
1050 Elsene

Yours faithfully,

Wout DC

Concurrence

1 Attachment

 
Dear Mr Wout,
 
 
In relation to your request, it is important first to note the following:
 

* Between 16 April 1999 and 13 October 2015, Council Regulation (EC) No
659/1999 of 22 March 1999 laying down detailed rules for the
application of Article 108 of the Treaty on the Functioning of the
European Union ("the old Procedural Regulation") was in force. The old
Procedural Regulation did not impose the use of any specific complaint
form for submitting State aid complaints to DG Competition.

 

* As of 14 October 2015, the old Procedural Regulation was replaced by
Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed
rules for the application of Article 108 of the Treaty on the
Functioning of the European Union ("the new Procedural Regulation").
In accordance with Article 24(2) of the new Procedural Regulation, the
use of the complaint form by interested parties is rendered
compulsory.

 
The entry into force of the new Procedural Regulation required DG
Competition to re-arrange its internal classification system in order to
differentiate between complaints which comply with the requirements of the
new Procedural Regulation ("formal complaints") and those which do not. 
That only happened only from 2016.  Therefore, it is not possible to give
an answer to your question for the period before as that information is
not available.
 
 

 1. How many state aid complaints have been submitted to DG Competition
since 1 January 2014?

 
Between 1 January 2014 and 13 October 2015, a total of 453 CP-cases were
submitted to DG Competition under the old Procedural Regulation. Those
CP-cases are (mostly) complaints in the sense of the old Procedural
Regulation, but also ex officio (own initiative) investigations.  These
CP-cases are not to the same as formal complaints in the sense of the new
Procedural Regulation.
 
Since 14 October 2015 to date, a total of 256 formal complaints have been
submitted to DG Competition under the new Procedural Regulation.
 

 2. Of these, how many were submitted by the required form?

 
As indicated above, the use of the complaint form was rendered compulsory
only since the entry into force of the new Procedural Regulation on 14
October 2015. Note moreover that for a submission to be considered a
formal complaint, the necessary requirements of the new Procedural
Regulation must be met, including but not limited to the use of the
compulsory complaint form. On this basis, in line with the answer provided
to question 1 above and the preliminary remark, we can inform you that
since 1 January 2016  to date a total of 249 formal complaints have been
submitted to DG Competition, where the required complaint form was used.
 
 

 3. Of these, how many were considered as mere market information?

 
Submissions which do not fulfil the requirements of the new Procedural
Regulation are not considered formal complaints but market information. In
this respect, in 2016, DG Competition registered 104 market information
submissions – note however that this figure is not to be deducted from the
answer given to question 2 above since formal complaints and market
information submissions are registered separately.
 
 
 
Best regards.
 
 
 
COMP ACCESS TO DOCUMENTS
European Commission
DG Competition