Judgment_paragraph 48 · European Commission v Italian Republic (C-467/15 P)

48The deferral of payment does not constitute an alteration of a purely formal or administrative nature, nor can it be qualified as an increase in the original budget of an aid scheme within the meaning of Article 4(1) of Regulation No 794/2004. That measure was taken in breach of an authorisation condition governing the repayment of aid authorised exceptionally by the Council under the third subparagraph of Article 108(2) TFEU, a condition which the Council decided would ensure the compatibility of the aid scheme at issue with the internal market. Thus, contrary to what the Italian Republic maintains, the Commission was correct in concluding that new aid had been granted, relying solely on the failure to satisfy that condition.

European Commission v Italian Republic (C-467/15 P)

History · 1 version

Key facts

Connections