November 28
2021
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Trajan Shipley
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28th October 2021
Competition & State Aid

Amendment of criteria with retroactive effects for approved State aid measure not a new aid subject to notification requirement: Court of Justice

The Court of Justice has rendered judgment today in joined cases Eco Fox, Alpha Trading & Novaol (C-915/19, C-916/19 & C-917/19), in response to three preliminary ruling requests by the Italian Council of State (Consiglio di Stato) concerning the modification of an aid scheme authorised by the European Commission which provides for a privileged tax treatment for biodiesel.

The question referred by the Council of State in the three cases concerned whether under Articles 107 and 108 TFEU and Regulations 659/1999 and 794/2004, such modification must be regarded as new aid subject to the prior notification requirement where that amendment consists in changing with retroactive effect the criteria for allocating the biodiesel qu

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