The European Commission conducted a public consultation on the draft new Rescue and Restructuring Guidelines.

The Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (‘Rescue and Restructuring Guidelines’) set out the conditions under which aid to non-financial undertakings in difficulty may be considered compatible with the internal market and State aid rules, in particular on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union (‘TFEU').

Following the 2025 consultation on revising the Rescue and Restructuring Guidelines, the Commission has published the draft Guidelines accompanied by a new consultation. CECOP took the opportunity to provide amendments, with the aim to ensure better uptake and expand the scope of the Guidelines to adapt it to emerging needs.

In particular, we ask the Commission to:

  • Include businesses facing succession crises under the definition of 'undertakings in difficulty'
  • Take into account undertakings facing a business crisis threatening its continuity, even where that crisis has not yet resulted in formal insolvency proceedings
  • Incorporate workers buyouts, or business transfers to the employees under the cooperative model, in the updated Guidelines
  • Include 'titres participatifs' in the equity of enterprises, particularly for social economy enterprises

Read our full response to the consultation.