German and European Legal Framework for ESF in the context of the coronavirus pandemic

• The Stabilisation Fund Act (StFG) forms the legal basis for the granting measures of the ESF.
• Specification of legal regulations:
  • Ordinance Implementing the Economic Stabilisation Fund (WSF-DV; only available in German language) regulates the design as well as the subsequent termination of the stabilisation measures
  • Ordinance Assigning Functions Relating to the Economic Stabilisation Fund (WSF-ÜV; only available in German language) regulates the responsibilities
  • Economic Stabilisation Fund Cost Ordinance (WSF-KostV; only available in German language) regulates the reimbursement of to the Federal government by the beneficiaries of the measures
• EU Temporary Framework for State Aid Measure incl. the supplements sets the framework for aid to support the economy as a result of the coronavirus pandemic
• EU-notification of the ESF allowed pandemic-related stabilisation of companies by the ESF without individual notification by the EU Commission under certain conditions, which are listed in particular in the implementing regulation

Legal framework for the ESF in the context of the energy crisis

Legal basis for financing measures resulting from the energy crisis is the third part of the Stabilisation Fund Act (StFG).

The Federal Republic of Germany - Finance Agency (Finance Agency) is a company under private law in which the Federal Republic of Germany (represented by the Federal Ministry of Finance) has a direct and sole shareholding.

It performs tasks for the Federal government on a statutory basis, including the administration of the Economic Stabilisation Fund (ESF) since 2020 and the management of stabilisation instruments issued in connection with the coronavirus pandemic. The Federal Ministry of Finance exercises legal and technical supervision over the Finance Agency. The interministerial committee for the ESF decides on matters of principle as well as matters of particular importance and takes decisions on essential measures and conditions. (section 20 StFG).

Within the framework of the parliamentary control task pursuant to the Stabilisation Fund Act (StFG), the Federal financing committee is informed by the Federal Ministry of Finance on all matters concerning the special fund ESF.