State aid Decision declaring the aid incompatible with the common market and ordering its recovery Compensation for expropriation on grounds of public interest Temporal extension of a preferential tariff for the supply of electricity Concept of advantage Principle of the protection of legitimate expectations Aid measure put into effect
Sumário
Judgment of the General Court (Fifth Chamber) of 1 July 2010.
Nuova Terni Industrie Chimiche SpA v European Commission.
State aid - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Aid measure put into effect.
Case T-64/08.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 1 July 2010 – Nuova Terni Industrie Chimiche v Commission
(Case T-64/08)
State aid – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Concept of advantage – Principle of the protection of legitimate expectations – Aid measure put into effect
1. State aid – Concept – Compensation awarded for expropriation of assets – Not included (Art. 87(1) EC) (see paras 57, 60, 63, 72, 74, 99, 101)
2. State aid – Examination by the Commission – Administrative procedure – Obligation on the Commission to put the parties concerned on notice to submit their observations – Right of the aid beneficiary to be sufficiently associated with the proceedings – Limits (Art. 88(2) EC) (see paras 161-163, 166-168)
3. EU Law – Principles – Rights of the defence – Whether applicable to administrative procedures initiated by the Commission – Examination of plans to grant aid – Scope (Art. 88(2) EC) (see para. 189)
4. State aid – Planned aid – Notification to the Commission – Scope of the obligation – Need to notify aid measures at the draft stage (Art. 88(3) EC; Council Regulation No 659/1999, Arts 2 and 3) (see paras 228-230, 234-236)
5. State aid – Commission decision finding aid unlawful and ordering its recovery – Aid not yet paid (Art. 88(3) EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 239, 241, 250-251)
6. State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 88 EC – Possible legitimate expectation on the part of the beneficiaries – Protection – Conditions and limits (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 269-271, 275-276)
7. State aid – Commission decision not to raise objections to a national measure – Legitimate expectation of the beneficiary that an extension of the said measure is lawful – None (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 283-284, 288)
Re:
| APPLICATION for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37). |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Nuova Terni Industrie Chimiche SpA to pay the costs. |