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Existing v New Aid
Any alteration of an existing aid measure can affect the substance of the measure itself. A deviation from the conditions of authorisation may turn existing aid into new aid. Alteration or deviation from the conditions of authorisation that affect the compatibility of an existing aid measure, can result in the granting of new aid. A Member State that alters an aid measure after it has been approved by the Commission, cannot have any guarantee that the aid remains compatible with the internal market.
On 25 October 2017, the Court of Justice ruled in case C‑467/15 P, Commission v Italy. The judgment concerned two issues: the granting of de minimis aid and the characterisation of aid as “new” when existing aid is modified. The Commission had appealed
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