State aid

Definition

State aid (staatssteun) is the EU legal term for any advantage that a government grants to a company using state resources, in a way that is selective and that could distort competition or affect trade between EU member states. Because state aid can undermine a level playing field within the internal market, European rules place strict limits on it and generally require member states to notify the European Commission before granting it. In practice, however, most Dutch innovation and growth subsidies do not go through individual notification, because they are designed to fall under a recognised exemption. The two most common exemptions are the de-minimis rule, which covers aid so limited that it is assumed not to distort competition, and the General Block Exemption Regulation (GBER), which pre-approves broader categories of aid — including many forms of R&D, training and environmental support — subject to conditions on aid intensity and eligible costs. Whether a Dutch scheme relies on de-minimis or the GBER affects what you need to declare when applying: de-minimis schemes require a declaration of aid received earlier, while GBER-based schemes instead require proof that the scheme's specific conditions are met. Understanding which exemption a subsidy falls under is therefore essential background when combining multiple schemes, since it determines how the aid is tracked and capped.

Frequently asked questions

What is state aid under EU rules?
State aid is a selective advantage that a government grants to a company using state resources, in a way that could distort competition or trade between EU member states.
Do all Dutch subsidies need to be notified to the European Commission?
No — most Dutch subsidies are designed to fall under an exemption, such as the de-minimis rule or the General Block Exemption Regulation, so they don't require individual notification.
What's the difference between de-minimis and the GBER for state aid?
De-minimis covers aid so limited it is assumed not to distort competition, while the GBER pre-approves broader categories of aid, such as R&D or training support, subject to specific conditions.