The EU Court of Justice examines whether a national measure providing for the payment of compensation to farmers for the slaughter of diseased animals constitutes new or existing aid (Azienda Sanitaria Provinciale di Catania / Assessorato della Salute della Regione Siciliana)

Introduction Any change to an approved aid measure that affects its compatibility with the internal market turns it into a new aid that has to be re-notified to the European Commission for authorization. If it is not re-notified it becomes illegal aid and possibly incompatible aid, unless it can benefit from a retroactive application of a block exemption regulation or of the de minimis regulation. On 20 May 2021, the Court of Justice, in its judgment in case C ‑ 128/19, Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana, had to examine whether the aid granted through a modified measure became new or it whether it remained existing. [1] Azienda Sanitaria Provinciale di Catania (Regional Health Authority of Catania) [ASPC] initiated proceedings