The EU Court of Justice finds that an aid scheme that omits express reference to the General Block Exemption Regulation cannot be considered to fulfill the conditions for exemption from notification set out in the Regulation (Dilly’s Wellnesshotel)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Compliance with Regulation 651/2014: The Consequences of Failure to Publish an Aid Measure* [1] Member States must publish the aid measures they adopt on the basis of the GBER. Failure to publish prevents them from being exempted from notification and renders any aid illegal. Introduction On 21 July 2016, the Court of Justice delivered a judgment in response to a request for a preliminary ruling in case C-493/14, Dilly’s Wellnesshotel v Finanzamt Linz An Austrian court asked for guidance on how to assess the legality of an aid measure that had been adopted on the basis of the previous General Block Exemption Regulation – Regulation 800/2008. Although the judgment concerned a regulation that is no longer in force, it raises important questions on the obligations of Member States

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Phedon Nicolaides, The EU Court of Justice finds that an aid scheme that omits express reference to the General Block Exemption Regulation cannot be considered to fulfill the conditions for exemption from notification set out in the Regulation (Dilly’s Wellnesshotel), 21 July 2016, e-Competitions July 2016, Art. N° 89955

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