CASE COMMENTS: STATE AIDS – MANDATORY NATURE OF THE CONDITIONS FOR EXEMPTION - REDUCTION IN TAXES

Exemption by category: The Court of Justice of the European Union confirms the mandatory nature of the conditions for exemption set by a regulation, which exempts Member States from the obligation to notify certain categories of aid, even if the violated condition is limited to a lack of express reference to this regulation by the aid scheme (Dilly’s Wellnesshotel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Issue of the case In recent years, the scope of block exemptions for aid has widened considerably, to the extent that they now account for a very substantial proportion of the aid granted by Member States. However, Member States have in some cases moved away from the conditions for exemption and compatibility laid down in the general block exemption regulations. In such a context, are all the conditions for exemption laid down in an exemption regulation to be considered mandatory? Is a distinction to be drawn between conditions which are mandatory and other, more formal, more minor conditions which would not be mandatory or whose infringement would not put

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Exemption by category: The Court of Justice of the European Union confirms the mandatory nature of the conditions for exemption set by a regulation, which exempts Member States from the obligation to notify certain categories of aid, even if the violated condition is limited to a lack of express reference to this regulation by the aid scheme (Dilly’s Wellnesshotel), 21 July 2016, Concurrences Nº 4-2016, Art. N° 82081, pp. 146-147

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