The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)

The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large proportion of national State aid schemes is actually ‘block exempted’ – i.e., it is automatically cleared as compatible State aid. However, several recent cases involving an Austrian wellness center serve to underline that vigilance may still be required. If a government relies on the block exemption approach, it must publish a notice that it has done so. This is in the interests of transparency. It can then proceed to give the intended financial support to qualifying companies. The EU Court of

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David Gabathuler, Leigh Hancher, Santos Miguel Leyva Rubio, Daniel Vasbeck, The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel), 14 November 2019, e-Competitions Bulletin November 2019, Art. N° 92616

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