On 20 May 2021, in the case of 'Azienda Sanitaria
Provinciale di Catania vs. Assessorato della Salute della Regione
Siciliane', the Court of Justice of the European Union
(CJEU) delivered its preliminary ruling whereby it
clarified the distinction between 'new aid' and
'existing aid' in the context of State aid, and the
notification requirements associated with both.
By way of background, State aid can be defined as any economic
advantage provided by a Member State or through State resources to
a trader or company, be it state-owned or private, which favours
that trader or company to the detriment of its competitors. The aid
must also be capable of affecting trade within the EU internal
market.