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State Aids in the Light of Environmental Protection, Rural Development, and the Right to Property · Case C-251/21 Piltenes meži · Annotation by Eleni Leftheriotou and Katerina Nikolaidou

Annotation on the Judgment of the Court (Seventh Chamber) of 28 April 2022 in Case C-251/21 'Piltenes meži' SIA v Lauku atbalsta dienests

Eleni Leftheriotou, Katerina Nikolaidou

DOI https://doi.org/10.21552/estal/2022/4/11

Keywords: EAFRD, Natura 2000 payments, block exemption, agriculture and forestry sectors, undertakings in difficulty


In this case note we comment the findings of Case C-251/21 regarding Article 30 of Regulation (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development. In particular, the aid applied for in respect of a micro-reserve, created in a forest in pursuance of the objectives of Directive 2009/147/EC on the conservation of wild birds, falls within the scope of Article 30. Furthermore, we comment as well as that  Commission Regulation (EU) No 702/2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas that are compatible with the internal market in application of Articles 107 and 108 TFEU has the meaning that aid applied for on the basis of Regulation No 1305/2013, in respect of a micro-reserve created in a forest in pursuance of the objectives of Directive 2009/147, by an undertaking in difficulty, within the meaning of Article 2(14) of Regulation No 702/2014, cannot be declared compatible with the internal market under the latter Regulation.

Eleni Leftheriotou, Legal Counsel at the EU Office of the Greek State Legal Council, LLD. Katerina Nikolaidou, Founder Kinnon Legal Services, EU Public Procurement and State Aid Expert, LLM. For correspondence: <mailto:e.Leftheriotou@nsk.gr> and <mailto:katerina.nikolaidou@kinnonlegalservices.com>.

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