Scope of Application

This Chapter explores in detail the foreign subsidies regulation´s scope of application both with regard to its material and personal dimension. Hence, the notion of foreign subsidy, the regulation’s purview with regard to services, concentrations and in public procurement, the notion of undertakings economically active in the EU and the personal scope of the regulation with regard to international commitments will be analysed in depth. It will be shown that the at first sight comprehensive purview of the regulation addressing all foreign subsidies granted to any undertaking economically active in the EU internal market is considerably restrained due to the respect for the EU’s international obligations enshrined in Article 44(9) of the regulation.