Aid Schemes For Research, Development And Innovation – Reform Entered Into Force

On 2nd June, the Grand-Duchy of Luxembourg published the new law on the renewal of aid schemes for research, development and innovation (hereafter, the "RDI") and on the missions of the national Agency for the promotion of innovation and research. This law amends the Law of 5 June 2009 on the promotion of research, development and innovation.

This reformed law aims at exploiting in Luxembourg all the potential offered by the EU rules related to State aid to RDI. Due to the multiplication of public and private initiatives in this regard, the present modernisation of the rules is most welcome.

The major amendments introduced by the Law of 17 May 2017 include the extension of the list of aid categories available, the modification of several rates and amounts, as well as the nature of the aid granted. Furthermore, the national Agency for the promotion of innovation and research ("Luxinnovation") will have an active role in terms of aid for RDI.

Precisions on the scope of application of the law

Companies in difficulty and those subject to a recovery order for illegal and incompatible aid under EU State aid rules are henceforth formally excluded.

Furthermore, by the repeal of Article 15 of the Law of 5 June 2009, the new aid scheme for RDI has removed the possibility to introduce any request for a de minimis aid (allowing companies to obtain a subsidy if they did not fulfil all the conditions for the granting of other aid for RDI).

The aid henceforth actually available

Between 2015 and 2017, the Law of 5 June 2009 was only partially applicable, therefore allowing the grant of only two categories of aid for RDI, namely:

aid for process and organisational innovation; and aid for research and development projects or programs. In addition to the aforementioned types of aid, companies can henceforth claim for the following aid categories:

aid for technical feasibility studies; aid for innovation in favour of SMEs; aid for young innovative enterprises; aid in favour of research infrastructures; and aid for innovation poles. Amendments to the rates of intensity, amounts and forms of aid available

The Law of 17 May 2017 increases the rates of intensity of the aid for process and organisational innovation in services in favour of SMEs in accordance with the EU General Block Exemption Regulation. From 25% (medium-sized enterprises) and 35% (small enterprises), the rate of intensity of this aid is indistinctively increased to 50% for all the SMEs.

Aid for...