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ARTICLE · 13 SEPTEMBER 2021

CJEU Clarifies What ‘Existing' And ‘New' Aid Are Under State Aid Rules

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 ...

European UnionStrategy

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.

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