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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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)
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