April 01
2020
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Anjum Shabbir
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25th March 2020
Competition & State Aid

Council of State of Italy refers questions for preliminary ruling on definition of State aid

The Council of State, Italy (Consiglio di Stato) has three preliminary ruling requests pending before the Court of Justice, concerning State aid in the cases Eco Fox Srl v Fallimento Mythen Spa and Others, (C-915/19), Alpha Trading SpA unipersonale v Ministero dell’Economia e delle Finanze and Others, (C-916/19), and Novaol Srl v Ministero dell’Economia e delle Finanze and Others, (C-917/19).

In all three cases, the Council of State asks about the definition of State aid under Articles 107 and  108 TFEU (and Regulations 659/1999 and 794/2004), and the obligation of prior notification to the European Commission.

That question is whether that State aid includes a secondary regulatory instrument that has been adopted by a ministerial decree, where previous regulations already notified to the Commission have been partly annulled by its judgments; and, if that means the procedures for application of reduced excise duty on biodiesel have been retroactively affected, by retroactively amending the criteria for distribution of the benefit without extending the duration of the programme of tax concessions?

Read the question in Novaol here, in Alpha Tradinghere, and in Eco-Foxhere.

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