The EU General Court issues a decision which confirms that the date on which State aid is deemed to be granted is not necessarily the date on which the actual benefit materialises (Tirrenia di navigazione)

The Date on which State Aid is Deemed to be Granted Is not necessarily the Date on which the Actual Benefit Materialises* State aid is deemed to be granted even if the benefit cannot be quantified in advance and even if state resources are transferred at a future point in time. Introduction The precise date on which State aid is granted can be important such as, for example, when calculating the present value of aid granted in tranches at different points in time, when the three-year period for de minimis aid or the 10-year limitation period for recovery of incompatible aid is established, or when compound interest is levied on recovered amounts. It is now well-established in the case law that State aid is deemed to be granted on the date the legal right to that aid is conferred to

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Phedon Nicolaides, The EU General Court issues a decision which confirms that the date on which State aid is deemed to be granted is not necessarily the date on which the actual benefit materialises (Tirrenia di navigazione), 18 May 2022, e-Competitions State aid & National enforcement, Art. N° 108778

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