CASE COMMENTS: STATE AIDS - EUROPEAN UNION - COURT OF JUSTICE - CONDITIONAL DECISION - EXISTING AID - BREACH OF CONDITIONS OF COMPATIBILITY

Conditional decision: The Court of Justice of the European Union annuls a judgement of the General Court of the European Union ruling that an aid scheme initially declared compatible subject to conditions constitutes a new aid when these conditions have not been met by the Member State (Commission v. Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of the Court of 25 October 2017 in the Milk Levies case demonstrates a commitment to compliance with the conditions of compatibility laid down by the authorisations for the grant of State aid and a strict understanding of the concept of existing aid. The Court clearly takes the opposite view to the approach adopted by the Court of First Instance in its judgment of 24 June 2015 (Trib. EU, 24 June 2015, Italy v. Commission, Case T-527/13), annuls that decision and dismisses on the merits the action brought by Italy against the contested decision. The main facts of the case and what is at stake will be briefly recalled. As a result of exceeding

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Conditional decision: The Court of Justice of the European Union annuls a judgement of the General Court of the European Union ruling that an aid scheme initially declared compatible subject to conditions constitutes a new aid when these conditions have not been met by the Member State (Commission v. Italy), 25 October 2017, Concurrences N° 1-2018, Art. N° 85939, pp. 130-131

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