Jurisdiction(s):
United Kingdom

Key definition

De Minimis definition

What does De Minimis mean? In practice, de minimis describes matters so trivial in scale or effect that a court or regulator will decline relief, impose no liability, or take no enforcement action. It is a common-law maxim applied through case law across the UK and Ireland; in some areas legislation or guidance sets explicit de minimis thresholds. Typical uses include rejecting negligible nuisance or trespass, treating insubstantial copying as not a “substantial part” in copyright, refusing an injunction for a technical or trivial contractual breach, awarding only nominal damages where loss is negligible, and regulatory forbearance in competition or planning where impact is minimal. The...

CJEU (Case C-238/20): aquaculture compensation for damage by protected birds may constitute State aid; de minimis €30,000 under Regulation 717/2014 applies; Article 17 permits partial compensation

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Practice notes

CASE HUB ARCHIVED

This archived case hub sets out the position as at the decision date of 27 January 2022; it is no longer maintained. See further, timeline.

Case facts

Outline

Case C-238/20 SIA ‘Sātiņi-S’ v Dabas aizsardzības pārvalde-national references from Latvia asking, amongst other points, whether the €30,000 De minimis threshold in Article 3(2) of Commission Regulation No 717/2014 applies to compensation paid by a Member State for aquaculture losses in an area due to protected birds.

Latest developments

On 27 January 2022, the Court of Justice delivered its judgment holding that compensation granted by a Member State for aquaculture damage caused by birds protected under Directive 2009/147 is an advantage that may qualify as State aid if the remaining conditions are satisfied. It also confirmed that a Member State may apply the de minimis ceiling in Regulation 717/2014 to payments made for damage to aquaculture arising from protected wild birds.

Parties

Applicant: SIA Sātiņi-S (Sātiņi-S)
Defendant: Dabas aizsardzības pārvalde

Market

Aquaculture.

Background to reference

Background

In 2002, Sātiņi-S acquired 600.70 hectares of ponds within the Natura 2000 nature reserve in Latvia...

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Web page updated on 27/05/2026

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