The final FSR Guidelines, adopted on January 9, 2026, do not expand the Commission’s legal powers under the Foreign Subsidies Regulation (Regulation (EU) 2022/2560). What they do offer is a more calibrated, and more operational, statement of enforcement intent, particularly around when the Commission may require prior notification of otherwise non notifiable deals or tenders.
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Since the Foreign Subsidies Regulation (FSR) entered into force on July 12, 2023, the European Commission has increasingly started to wield the powers granted to it. It opened its first in-depth investigation into a public procurement process in Bulgaria in a case involving locomotives on February 16, 2024 (read more in our previous post here) which led to the withdrawal of the Chinese from the public tender. Subsequently on April 3, 2024, the Commission initiated two new in-depth investigations, again in a public procurement matter, this time concerning solar panels. On April 9, 2024, the Commission initiated its first ex officio investigation in the wind turbine sector.
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