Eleven EU countries seek change to state aid rule for growth companies

The eleven countries want subordinated loans and other so-called quasi-equity to count as full equity when assessing whether a company is an ‘undertaking in difficulty’ (OIM, the Dutch abbreviation). They have sent a joint request to the European Commission to this end. According to Rijksoverheid, Minister for Economic Affairs and Climate Heleen Herbert took the initiative on 24 September 2026. [1]

That European definition can affect access to grants, guarantees and loans. According to the ministry, the rules are intended to prevent non-viable companies from receiving state aid and thereby creating unfair competition.

But the ministry says the assessment also produces the wrong outcome for financially healthy startups and scale-ups. According to its explanation, the current definition considers only equity; subordinated loans and venture capital do not count. As a result, viable growth companies can still be classified as undertakings in difficulty and miss out on funding. The report gives no figures for the number of companies affected or the sums involved that would allow the scale of this problem to be established. [1]

According to Rijksoverheid, the latest Commission proposal is intended to address the problem from 2027, but does not include the change sought by the eleven countries. They therefore consider the proposal insufficient. This is a request for an amendment, not an adopted new rule.