Compensation for Damage and De Minimis Aid* Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of Article 107(1) TFEU is any benefit granted by the state that is not available under normal market conditions. Normal market conditions are those that prevail before state intervention, not those that prevail when markets function smoothly or in conditions of perfect competition. This understanding of what is “normal” means that when the state offsets losses or compensates for damage it still confers an advantage even though the intervention merely aims to restore the recipient undertaking to its
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The EU Court of Justice rules that compensatory payments may be categorised as State aid and must comply with relevant de minimis regulations (Satini-S / Dabas aizsardzības pārvalde)
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