The EU Court of Justice issues a ruling clarifying the conditions under which an existing state aid measure can be transformed into a new one (Italian milk quota)

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.

Existing v New Aid Any alteration of an existing aid measure can affect the substance of the measure itself. A deviation from the conditions of authorisation may turn existing aid into new aid. Alteration or deviation from the conditions of authorisation that affect the compatibility of an existing aid measure, can result in the granting of new aid. A Member State that alters an aid measure after it has been approved by the Commission, cannot have any guarantee that the aid remains compatible with the internal market. Introduction On 25 October 2017, the Court of Justice ruled in case C‑467/15 P, Commission v Italy. The judgment concerned two issues: the granting of de minimis aid and the characterisation of aid as “new” when existing aid is modified. The Commission had appealed

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Phedon Nicolaides, The EU Court of Justice issues a ruling clarifying the conditions under which an existing state aid measure can be transformed into a new one (Italian milk quota), 25 October 2017, e-Competitions October 2017, Art. N° 85309

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