TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 459 were facing a “business crisis”121 and would otherwise lay off personnel. More precisely, the Portuguese authorities have provided as example of these activities the touristic ones, “where social contact is constant and, given the measures to limit social interaction, their loss of business is evident”122. The aid was, however, subject to the condition that the benefitting personnel was maintained in continuous employment by the beneficiary until 31 December 2020. This condition being met, the aid would not have to be repaid by the respective beneficiaries , thus corresponding to a direct grant. The maintenance of the employment of the average number of workers that each company had in January and February 2020 would be assessed on a monthly basis until 31 December 2020. Therefore, applying undertakings committed to contribute to the social security and maintain the employment of the employees for which compensation was granted until 31 December 2020. Moreover, the discontinuation of the employment of a single employee would trigger an obligation to repay the entire aid amount. The monitoring of the implementation of this condition was ensured by the Regional Directorate responsible for Employment and Professional Qualification123 of the Vice-presidency of the Azores Government. At the time of the notification, the Portuguese authorities explained that the measure would be financed by the Regional Employment Fund but did not exclude that it could also be financed by the European Social Fund124. Other aid schemes focused on the Azores were subsequently approved125, in particular in the form of (i) refundable wage subsidies which become non-refundable provided that the level of employment is kept by the beneficiaries during a certain period of time after the end of the support; (ii) direct grants to micro, small and medium-sized undertakings that suffered losses due to the pandemic, thus facing 121 The definition of “economic crisis” is set forth in within the meaning of Article 3 of the national Decree-Law No. 10-G/2020, of 26 March 2020. 122 Footnote 7 of decision in case State Aid SA.57049 mentioned in note 118. 123 More information is available at: https://portaldoemprego.azores.gov.pt/public/mec. 124 See footnote 5 of both the Commission’s decisions mentioned in note 118 where the Portuguese authorities raised this possibility due to “a possible reprogramming of the Azores 2020 Operational Programme, due to the COVID-19 outbreak”. 125 These include: (i) State Aid SA.61239 (2021/N) – Portugal COVID-19: Wage subsidies to support situations of suspension/reduction of employment in the Azores; (ii) SA.61240 COVID-19 – PT – Wage subsidies to preserve employment in the Azores and State Aid SA.61758 (2021/N) – Portugal COVID-19: Direct grants to micro, small and medium undertakings in specific sectors established in the Outermost Region of the Azores Measure called “APOIAR.PT Açores”; (iii) State Aid SA.62023 (2021/N) – Portugal COVID-19: Direct grants to micro, small and medium undertakings in specific sectors established in the Outermost Region of the Azores Measure called “APOIAR.PT Açores – 4ºT 2020”; (iv) State Aid SA.62090 (2021/N) – Portugal COVID-19: Plano Manutenção Emprego I; and (v) SA.62587 COVID-19 Programa de Apoio à Liquidez designado por Programa APOIAR.PT Açores – 1º T 2021.
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