Following to the judgment of the Court of Justice, issued last October upon preliminary rulings by the Consiglio di Stato (the Italian administrative judge of last resort), on April 7 the latter finally settled the case which saw as counterparties the company Zennaro Legnami Sas, assisted by Andrea Cevese and Andrea Santoro of DFA Law firm, and INAIL (Istituto nazionale per lโ€™Assicurazione contro gli Infortuni sul Lavoro โ€“ the Italian social security Institution).

The administrative judge accepted the thesis by Zennaro Legnami, moreover recognised by the Judges in Luxemburg, according to which undertakings requesting for public aid under the de minimis framework, before having the aid accorded, may demand for a reduction of the same aid in order to comply, in any case, with the de minimis ceiling set out by the EU State aid framework and, accordingly, not to lose the chance of being financially sustained.

Nowadays, thanks to the mass of aid connected to the Covid emergency, State aid are becoming more and more significant both for public entities and for undertakings benefitting from it.

The news was also reported on todayโ€™s Il Sole 24 ore which is readable, upon subscription, on this link, whereas the judgment is available in the Giustizia Amministrativa databaseย by searching for judgment No. 2791/2021.