ALERT: STATE AID - NEW AID - OBLIGATION TO NOTIFY – PRELIMINARY RULING

Notification of new aids: The Court of Justice of the European Union rules that the absence, in an aid scheme such as that at issue in the main proceedings, of an express reference to that regulation precludes that scheme from being considered to fulfil the conditions for exemption from the obligation to notify laid down in Article 108(3) TFEU (Dilly’s Wellnesshotel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 21 July 2016, the Court of Justice of the European Union delivered a judgment in the case of in State aid case C-493/14 (Dilly's Wellnesshotel GmbH). This is another reference for a preliminary ruling, but this time from the Austrian Federal Finance Court. This case concerns the implementation of the exemption mechanism from the obligation to notify aid measures under Regulation (EC) No 800/2008 on aid for environmental protection. In essence, Dilly's Wellnesshotel was denied the energy tax rebate on the grounds that it is a service business, whereas as of January 1, 2011, the energy tax rebate was only available to production companies. In the action

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Notification of new aids: The Court of Justice of the European Union rules that the absence, in an aid scheme such as that at issue in the main proceedings, of an express reference to that regulation precludes that scheme from being considered to fulfil the conditions for exemption from the obligation to notify laid down in Article 108(3) TFEU (Dilly’s Wellnesshotel), 21 July 2016, Concurrences Nº 4-2016, Art. N° 82225, www.concurrences.com

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