Today the Court of Justice issued its judgment on de minimis State Aid in the preliminary rulings proceedings C-608/2019 concerning a significant issue raised by our Law Firm before the Italian Consiglio di Stato (the highest Italian administrative jurisdiction).

The judges in Luxembourg established a new principle, according to which undertakings have the possibility to opt, until the granting of a new State Aid, for the reduction of financings already applied for or for the total or partial waiver to previous State Aid already obtained, in order not to exceed the de minimis threshold.

The Court of Justice however leaves a great discretionary power to Member States in the implementation of such a principle.

During harsh times like these for undertakings, we can now rely on a reasonable and constructive interpretation of said principle both from the Public Administration and from the administrative jurisdictions standpoints.

The complete text of the judgment is available by clicking on this link.