21 september 2021
State aid: New aid
Unlike individual aid, which concerns a State aid measure requiring individual examination in the light of the criteria referred to in Article 107(1) TFEU, use of the concept of an “aid scheme” enables the Commission to examine, in the light of that provision, a set of individual grants of aid to undertakings on the basis of a common provision which constitutes, in principle, the legal basis for it.
CJEU Case C-337/19 P Commission v Belgium and others, Judgment of 16 September 2021, LawLex202100005336JBJ
State aid: Action for annulment
The fact that the notifying Member State abandons, after the Commission has adopted a decision not to raise objections, the aid plan in question neutralizes the effectiveness of that decision and, above all, renders the formal investigation procedure which the Commission would be obliged to initiate following the annulment of that decision devoid of purpose from the outset.
GC Case T‑24/19 INC SpA and Consorzio Stabile Sis SCpA, Judgment of 15 September 2021, LawLex202100005335JBJ
State aid: Decision not to raise objections
For the interest of the competitors of the aid beneficiary in seeking the annulment of a decision under which, without initiating the formal investigation procedure, the Commission declares it compatible with the internal market, to be considered to be ongoing until the delivery of the court decision, it is necessary that, at the time of any decision to annul the decision not to raise objections, there is still a plan to grant aid capable of being implemented by the notifying Member State and, thus, of being the subject of a formal investigation procedure.
GC Case T‑24/19 INC SpA and Consorzio Stabile Sis SCpA, Judgment of 15 September 2021, LawLex202100005335JBJ
