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Case C-510/16: Judgment of the Court (Fourth Chamber) of 20 September 2018 (request for a preliminary ruling from the Conseil d’État — France) — Carrefour Hypermarchés SAS and Others v Ministre des Finances et des Comptes publics (Reference for a preliminary ruling — State aid — Article 108(3) TFEU — Regulation (EC) No 794/2004 — Notified aid schemes — Article 4 — Alteration to existing aid — Significant increase in revenue from taxes allocated to financing of aid schemes in comparison with the projections notified to the European Commission — 20 % threshold of the original budget)
ECLI:EU:UNKNOWN:62016CA0510
62016CA0510
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12.11.2018
Official Journal of the European Union
C 408/7
(Case C-510/16) (*)
((Reference for a preliminary ruling - State aid - Article 108(3) TFEU - Regulation (EC) No 794/2004 - Notified aid schemes - Article 4 - Alteration to existing aid - Significant increase in revenue from taxes allocated to financing of aid schemes in comparison with the projections notified to the European Commission - 20 % threshold of the original budget))
(2018/C 408/05)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Carrefour Hypermarchés SAS, Fnac Paris, Fnac Direct, Relais Fnac, Codirep, FNAC Périphérie
Defendant: Ministre des Finances et des Comptes publics
Operative part of the judgment
An increase in the revenue from taxes financing several authorised aid schemes in comparison with the projections notified to the European Commission, such as that at issue in the main proceedings, constitutes an alteration to existing aid, within the meaning of Article 1(c) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] and of the first sentence of Article 4(1) of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation No 659/1999, read in the light of Article 108(3) TFEU, unless that increase remains below the 20 % threshold laid down in the second sentence of Article 4(1) of that latter regulation.
That threshold must be assessed, in a situation such as that at issue in the main proceedings, in relation to the revenue assigned to the aid schemes concerned and not in relation to the aid actually allocated.
(*) Language of the case: French.
* * *
(1) OJ C 462, 12.12.2016.