Jurisdiction(s):
United Kingdom

Key definition

State aid definition

What does State aid mean? In practice, state aid refers to public financial support that selectively benefits businesses and risks distorting competition or trade. Under EU law (Articles 107-109 TFEU and case law), it covers advantages granted through state resources that favour certain undertakings or goods and affect trade between Member States. Typical measures include grants, loans, guarantees, tax reliefs, equity injections and land or services below market value. Unless covered by the General Block Exemption Regulation or de minimis rules, aid must be notified to and approved by the European Commission; unlawful aid can be recovered with interest. In Great Britain, the EU state aid...

CJEU ruling on State aid recovery: national limitation periods cannot undercut EU law; Commission’s 10-year limit binds only Commission and Member State; interest must be recovered in full

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub captures the position as at the judgment dated 30 April 2020; it is no longer maintained. See further the timeline and related/relevant cases.

Case facts

Outline

Case C‑627/18 Nelson Antunes de Cunha v Instituto de Financiamento da Agricultura e Pescas IP — a national reference from Portugal seeking clarification on, amongst other matters, whether the limitation period for exercising the power to recover State aid applies (i) solely to relations between the EU and the Member State to which the decision to recover aid is addressed, or (ii) whether it also governs relations between that Member State and the opponent, as the Beneficiary of the aid considered incompatible with the Single market.

Latest developments

On 30 April 2020, the Court of Justice delivered its judgment, ruling that national limitation periods for the recovery of unlawful State aid cannot be shorter than those under EU law.

Parties

Nelson Antunes de Cunha (Nelson).
Instituto de Financiamento da Agricultura e Pescas IP (IFAP).

Market

Agricultural and livestock breeding activities...

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Web page updated on 21/05/2026

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