The Belgian Civil Supreme Court holds that an alteration to an aid system, which was held to be incompatible with the common market, is to be considered as an aid and be notified pursuant to Art. 88 EC (Health and Animal Protection Funds)

Factual background The defendant is an undertaking active in the sector of production of food for cattle. It paid contributions to the Health and Animal Protection Funds pursuant to a provision of national law of December 1987 and implementing acts (Royal-Decree). The provision had not been notified to the Commission and in a decision of 7 May 1991, the Commission opened a formal investigation procedure in relation to the Royal-Decree pursuant to Article 87(2) EC, in particular looking at the fact that undertakings established in the EU had to pay the contribution when importing products into Belgium (OJ (1991) L 294/43). The measure