Economic vs. non-economic activities: Commission finds no state aid given by Italy to Cineca consortium
Today, the European Commission announced that certain Italian measures in favour of Cineca, a non-profit consortium whose members include the Ministry of Education and Research (MIUR), Italian universities and national institutions, do not constitute state aid.
In March 2021, following a complaint, the Commission opened an in-depth investigation (SA.39639) to examine whether
- (i) the annual public financing provided since 2004 by Italy to Cineca for the provision of information technology (IT) services to the MIUR, and
- (ii) the payments by Italian universities to Cineca for the provision of IT services,
constitute illegal and incompatible state aid. In addition, the investigation sought to clarify whether Cineca used public financing to cross-subsidise economic activities in markets where it might be in competition with other market players.
The Commission found that the measures do not constitute state aid given that Cineca is not an undertaking with respect to the concerned activities. The Commission established that the provision of IT services in this context are intrinsically linked to the State’s task of providing tertiary education.
As regards the issue of cross-subsidisation, the Commission found that Cineca has put in place adequate safeguards to prevent cross-subsidisation between the supported activities and its economic activities on markets where it faces competition.
A non-confidential version of the decision will be made available under the case number SA.39639 in the state aid register.