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Annotation on the Judgments of the European Court of Justice of 1 3th of June 2013 in Joined Cases C-630/11 P to C-633/11 P Regione autonoma della Sardegna and Others v European Commission.
This case shows that the CJEU adopts a practical approach towards the fundamental principles of Community law relevant to State aid procedures whilst at the same time paying full attention to parties' procedural rights. The CJEU allowed the Commission to adopt a corrective decision, upheld the principle of reasonable delay in proceedings and confirmed the limits of the principle of legitimate expectations. The judgement also fully supports existing case law regarding the frequently arising issues of the qualification of an aid as "New aid" and the incentive effect of regional aid. Therefore, this case provides a good opportunity to re-assess existing case law and evaluate its effects on national law.
I. Introduction
The decision on State aids to hotels in Sardegna is concerned with a number of issues, amongst them the lawfulness of a corrective decision adopted by the Commission and the proper notification thereof; the principle of reasonable delay in proceedings; the characterisation of an aid as 'new aid'; the assessment of an incentive effect of regional aid; and finally the principle of legitimate expectations. This case illustrates that the CJEU adopts a practical approach towards the fundamental principles of Community law relevant to State aid procedures whilst fully safeguarding the parties' procedural rights.
II. Background
In 1998, the Regione autonoma della Sardegna adopted Law 9/1998 which concerned incentives for the renovation of hotels.1 According to this law, initial investment aid in the form of grants and subsidised loans and operating aid for hotels fell under the de minimis rule. In May 1998, Italian authorities notified the Commission of the initial aid scheme. The Commission approved the initial aid scheme. In April 1999, the Regione autonoma della Sardegna adopted, inter alia, Resolution No 33/6, stipulating that expenditure and work carried out or undertaken after the date when Law No 9/1998 entered into force were eligible for aid.* 1 2 3 following a complaint as to the misuse of the initial aid scheme, the Commissionrequested additional information from the Italian authorities. It was only in their reply of the 22nd...