The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados)

The CJEU’s Judgment provides additional clarification on the effects of the extension of the duration of an existing aid measure. The CJEU - annulling a Judgment of the EU General Court (GC) - rules that the extension of the duration of existing aid measure by a national court must be qualified as an alteration of that aid. Consequently, the aid should be treated as new aid subject to the obligation of prior notification. In the scenario, where a national court plans to extend the duration of an existing aid, the national court thus has the obligation to notify the measures it plans to adopt to the European Commission (Commission). I. The Parties Dimosia Epicheirisi Ilektrismou AE (DEI) is the incumbent electricity producer in Greece, controlled by the Greek government (owning a

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Authors

  • Liege Competition and Innovation Institute
  • Liège University

Quotation

Miglena Vucheva, Simon Troch, The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados), 26 October 2016, e-Competitions October 2016, Art. N° 82617

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