Analysis: “Once More: The Court of Justice on the Need to Notify Potential State Aid Law” by Patricia Pérez Fernández

In its judgment of 24 November 2020 in Viasat Broadcasting UK ( C-445/19) the Court of Justice answered a preliminary ruling request on whether national courts had to order the recipient of unlawful aid to pay illegality interest. In the underlying decision, the Commission had declared that the relevant aid was compatible with the internal market ex Article 106(2) TFEU, and that it did not have to be repaid (a summary of the facts and the Opinion of Advocate General Kokott is available here).

The Court of Justice held that the notification requirement is one of the fundamental features of the State aid control system under the TFEU. Member States must notify the Commission of each measure intended to grant new aid or to alter aid