Between 20–23 May 2025, a new series of training sessions dedicated to State aid was held within the Twinning Project “Strengthening the institutional capacities of the Competition Council for the enforcement of competition and State aid policy in line with EU best practices”, funded by the European Union.

The sessions were led by Alis Bărbulescu, Director of the State Aid Directorate at the Competition Council of Romania. Participants included staff members from the Competition Council of the Republic of Moldova, as well as representatives of other public authorities.

The discussions focused on the fundamental concepts of State aid under EU law: the definition of an “undertaking” and “economic activity”, the meaning of “state resources” and “imputability”, and the criteria of “selectivity” and “economic advantage”. Case studies and an interactive approach contributed to a better understanding of these key concepts.

Through case studies drawn from EU jurisprudence in sectors such as healthcare, research, and sport, participants had the opportunity to better understand how the economic nature of an activity is assessed, even where the legal status of the beneficiary does not explicitly indicate its qualification as an undertaking. It was also emphasised that non-profit entities may be considered undertakings if they are engaged in economic activity.

Participants also discussed the fact that it is not only the public resources that is relevant, but also the degree of involvement and control exercised by the State over the measure in question. Moreover, even in cases where the support is granted through private entities, the measure may be considered imputable to the State if the State plays an active role in defining or monitoring the measure.

With regard to the criteria of selectivity and economic advantage, it was explained that a measure is considered State aid if it confers an advantage only on certain undertakings, sectors, regions, or categories of beneficiaries, thereby making it selective. By contrast, a measure that applies universally, without differentiation, does not constitute State aid. However, it was emphasised that an apparently general measure may be de facto selective if, through its application criteria, it indirectly favours certain undertakings or sectors.

Through these training activities, the Moldovan authorities are strengthening their capacity to correctly and effectively apply State aid rules, thus contributing to the development of a fair competitive environment and advancing alignment with EU standards.

The EU-funded Twinning Project has a duration of 27 months and aims to support the Competition Council in the enforcement of competition policy and State aid rules, in line with the Republic of Moldova’s commitments under the EU accession process.