Judgment_paragraph 58 · European Commission v Council of the European Union (C-111/10)

58The fact that that scheme is simply an extension of the scheme which expired on 31 December 2009, assuming that be proved, is not decisive because the extension of an existing aid scheme creates a new aid which is distinct from the scheme which was extended (see, to that effect, Case C-138/09 Todaro Nunziatina & C. [2010] ECR I-4561, paragraphs 46 and 47).