Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2021:401
• Docket Number: C-128/19
• Date: 20 May 2021
• Celex Number: 62019CJ0128
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Fourth Chamber)

20 May 2021 (*)

(Reference for a preliminary ruling – State aid – Agriculture sector – Slaughtering of animals affected by infectious diseases – Compensation for farmers – Notification and standstill requirements – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Regulation (EC) No 659/1999 – Exemptions by categories of aid – Regulation (EU) No 702/2014 – De minimis aid – Regulation (EU) No 1408/2013)

In Case C‑128/19,

REQUEST for a preliminary ruling under Article 267 TFEU from the Corte suprema di cassazione (Supreme Court of Cassation, Italy), made by decision of 14 November 2018, received at the Court on 18 February 2019, in the proceedings

Azienda Sanitaria Provinciale di Catania

v

Assessorato della Salute della Regione Siciliana,

intervening party:

AU,

THE COURT (Fourth Chamber),

composed of M. Vilaras, President of the Chamber, N. Piçarra (Rapporteur), D. Šváby, S. Rodin and K. Jürimäe, Judges,

Advocate General: E. Tanchev,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– Azienda Sanitaria Provinciale di Catania, by A. Ravì, avvocato,

– the Italian Government, by G. Palmieri, acting as Agent, and by P. Garofoli, avvocato dello Stato,

– the European Commission, by C. Georgieva and D. Recchia, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 17 December 2020,

gives the following

Judgment

1 The request for a preliminary ruling concerns the interpretation of Articles 107 and 108 TFEU.

2 That request has been made in proceedings between the Azienda Sanitaria Provinciale di Catania (Regional Health Authority of Catania, Italy) (‘the ASPC’) and the Assessorato della Salute della Regione Siciliana (Health Directorate of the Region of Sicily, Italy) concerning an application for an order that the ASPC pay compensation to AU, a farmer who had been obliged to slaughter animals affected by infectious diseases.

Legal context

EU law

Regulation (EC) No 659/1999

3 Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] (OJ 1999 L 83, p. 1) sets out, in Article 1(b)(ii) and 1(c) thereof:

‘For the purpose of this Regulation:

…

(b) “existing aid” shall mean:

…

(ii) authorised aid, that is to say, aid schemes and individual aid which have been authorised by the Commission or by the Council;

…

(c) “new aid” shall mean all aid, that is to say, aid schemes and individual aid, which is not existing aid, including alterations to existing aid’.

Regulation (EC) No 794/2004

4 Article 4 of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Regulation No 659/1999 (OJ 2004 L 140, p. 1), entitled ‘Simplified notification procedure for certain alterations to existing aid’, is worded as follows:

‘1. For the purposes of Article 1(c) of Regulation … No 659/1999, an alteration to existing aid shall mean any change, other than modifications of a purely formal or administrative nature which cannot affect the evaluation of the compatibility of the aid measure with the [internal] market. However, an increase in the original budget of an existing aid scheme by up to 20% shall not be considered an alteration to existing aid.

2. The following alterations to existing aid shall be notified on the simplified notification form set out in Annex II:

(a) increases in the budget of an authorised aid scheme exceeding 20%;

(b) prolongation of an existing authorised aid scheme by up to six years, with or without an increase in the budget;

…’

Regulation (EU) No 1408/2013

5 Under Article 3(1) and (2) of Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 [TFEU] to de minimis aid in the agriculture sector (OJ 2013 L 352, p. 9):

‘1. Aid measures shall be deemed not to meet all the criteria in Article 107(1) [TFEU], and shall therefore be exempt from the notification requirement in Article 108(3) [TFEU], if they fulfil the conditions laid down in this Regulation.

2. The total amount of de minimis aid granted per Member State to a single undertaking shall not exceed EUR 15 000 over any period of 3 fiscal years.’

6 Article 7 of that regulation, entitled ‘Transitional provisions’, provides, in paragraph 1, that:

‘This Regulation shall apply to aid granted before its entry into force if the aid fulfils all the conditions laid down in this Regulation. Any aid which does not fulfil those conditions will be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.’

Regulation (EU) No 702/2014

7 Article 2 of Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 [TFEU] (OJ 2014 L 193, p. 1), which entered into force on 1 July 2014, lays down, in points 12 and 29, the following definitions:

‘(12) “individual aid” means:

…

(b) awards of aid to individual beneficiaries on the basis of an aid scheme;

…

(29) “date of granting the aid” means the date when the legal right to receive the aid is conferred on the beneficiary under the applicable national legal regime’.

8 Article 3 of that regulation, entitled ‘Conditions for exemption’, provides as follows:

‘Aid schemes, individual aid granted under aid schemes and ad hoc aid shall be compatible with the internal market within the meaning of Article 107(2) or (3) [TFEU] and shall be exempted from the notification requirement of Article 108(3) [TFEU] provided that such aid fulfils all the conditions laid down in Chapter I of this Regulation, as well as the specific conditions for the relevant category of aid laid down in Chapter III of this Regulation.’

9 As regards the conditions laid down in Chapter I of Regulation No 702/2014, Article 4 thereof establishes gross grant equivalents beyond which that regulation does not apply to individual aid, while Articles 5 and 6 of that regulation make its application subject to the respective conditions that the aid be transparent and have incentive effect. Articles 9 and 10 of that regulation concern, respectively, publication and information and the avoidance of double publication.

10 As regards the conditions laid down in Chapter III of Regulation No 702/2014, Article 26(1) and (6) of that regulation provides as follows:

‘1. Aid to [small and medium-sized enterprises (SMEs)] active in primary agricultural production for the costs of the prevention, control and eradication of animal diseases or plant pests and aid to compensate such undertakings for losses caused by those animal diseases or plant pests shall be compatible with the internal market within the meaning of Article 107(3)(c) [TFEU] and shall be exempted from the notification requirement of Article 108(3) thereof where it fulfils the conditions laid down in paragraphs 2 to 13 of this Article and in Chapter I.

…

6. Aid schemes shall be introduced within three years from the date of the occurrence of the cost or loss caused by the animal disease or plant pest.

Aid shall be paid out within four years from that date.’

11 Article 51 of Regulation No 702/2014, entitled ‘Transitional provisions’, provides, in paragraph 1, that that regulation ‘shall apply to individual aid granted before the date of entry into force of this Regulation, if that individual aid fulfils all the conditions laid down in this Regulation, with the exception of Articles 9 and 10’.

Italian law

Regional Law No 12/1989

12 Article 1 of Legge Regione Sicilia, n. 12 – Interventi per favorire il risanamento e il reintegro degli allevamenti zootecnici colpiti dalla tubercolosi, dalla brucellosi e da altre malattie infettive e diffusive e contributi alle associazioni degli allevatori (Sicilian Regional Law No 12, laying down measures to facilitate the remediation and reintegration of livestock farms affected by tuberculosis, brucellosis and other infectious and widespread diseases and providing for contributions to farmers’ associations), of 5 June 1989 (Gazzetta ufficiale della Regione Sicilia No 28 of 7 June 1989) (‘Regional Law No 12/1989) is worded as follows:

‘1. For the remediation of bovine farms affected by tuberculosis, brucellosis and leucosis, and of ovine and caprine farms affected by brucellosis, in accordance with [legge 9 giugno 1964, n. 615, (Law No 615 of 9 June 1964)] and [leggi 23 gennaio 1968, n. 33 e n. 34 (Laws No 33 and No 34 of 23 January1968)], as subsequently amended and supplemented, compensation shall be granted to owners of bovine animals slaughtered and/or culled as a result of being affected by tuberculosis, brucellosis and leucosis, and to owners of ovine and caprine animals slaughtered...