Extract to table

Because both thresholds must be satisfied simultaneously for the mandatory notification obligation to arise, the failure to meet Threshold 2 is dispositive

For purposes of this threshold, the turnover of the entire group of the acquiring undertaking (including all entities controlled by the same ultimate parent or controlling entity) and the target undertaking and its subsidiaries must be taken into account

Both thresholds must be met simultaneously for the mandatory notification obligation to arise

However, for purposes of assessing whether the €50 million notification threshold is met, all financial contributions from third countries must be quantified and aggregated — regardless of whether they constitute foreign subsidies and regardless of whether they may be found to be distortive

Where both jurisdictional thresholds are met, the notifying party must submit a completed Form FS-CO to the European Commission

Identification of Relevant Undertakings In order to assess whether Threshold 1 is met, it is necessary first to identify the relevant undertakings whose EU turnover must be taken into account