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 ruling on de minimis State aid: modifying projects, waiving prior aid, and when aid is granted (INAIL, C‑608/19)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED – this archived case hub sets out the position as at the judgment of 28 October 2020; it is no longer updated. See further, the timeline here.

Case facts Outline

Case C‑608/19 INAIL—a reference from an Italian court requesting clarification on whether, amongst other matters, the ‘De minimis’ State aid Rules enable an applicant for State aid to avoid breaching the permitted maximum, including by amending the project plan or by relinquishing earlier financial support already offered.

Latest developments

On 28 October 2020, the Court of Justice delivered its judgment, confirming that an undertaking in receipt of aid may seek a variation of the aid up to the moment aid is granted, or renounce earlier aid, so as to remain beneath the de minimis ceiling; aid is granted when the award decision is taken, not when any payment of the aid is made to the beneficiary.

Parties

Applicant: Istituto nazionale per assicurazione contro gli infortuni sul lavoro (INAIL), the Italian National Institute for Insurance against Accidents at Work
Defendant: Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.

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Web page updated on 21/05/2026

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