CASE COMMENTS: STATE AID - UNLAWFUL AND INCOMPATIBLE AID WITH THE INTERNAL MARKET - RECOVERY - NEW AID - UNLAWFUL AID - MISUSE OF AID - PROTECTION OF THE LEGITIMATE EXPECTATION - INCENTIVE EFFECT - DE MINIMIS RULE

New aid - Unlawful aid : The General Court examines the notions of unlawful aid and misuse of aid, of legitimate expectation, of incentive effect and application of de minimis thresholds with respect to aid recovery (Regione autonoma della Sardegna)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. GCEU, 20 September 2011, Regione autonoma della Sardegna v. Commission, joined cases T-394/08, T-408/08, T-453/08 and T-454/08 Background to the case In 1998, the Regione autonoma della Sardegna ("Region of Sardinia") introduced a series of investment aid measures for companies in the hotel sector (the "initial scheme - Law No 9/1998"). These measures were notified to the Commission with an undertaking not to apply them before the Commission's approval and with confirmation that the planned aid could be granted only for projects to be carried out "subsequently". The Commission approved the aid scheme in November 1998 (N 272/98 - Italy - aid to the hotel

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, New aid - Unlawful aid : The General Court examines the notions of unlawful aid and misuse of aid, of legitimate expectation, of incentive effect and application of de minimis thresholds with respect to aid recovery (Regione autonoma della Sardegna), 20 September 2011, Concurrences N° 4-2011, Art. N° 40008, pp. 157-160

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