# C_2009090EN.01002201.xml

| 18.4.2009 | EN | Official Journal of the European Union | C 90/22 |
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18.4.2009

EN

Official Journal of the European Union

C 90/22

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Judgment of the Court of First Instance of 4 March 2009 — Tirrenia di Navigazione and Others v Commission

(Joined Cases T-265/04, T-292/04 and T-504/04) (1)

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(State aid - Maritime transport - Subsidies paid by the Italian authorities to regional undertakings - Decision declaring the aid in part compatible and in part incompatible with the common market - Action for annulment - Admissibility - Legal interest in bringing proceedings - New or existing aid - Duty to state reasons - Article 4(3) of Regulation (EEC) No 3577/92)

2009/C 90/33

Language of the case: Italian

Parties

Parties

Applicants in Case T-265/04: Tirrenia di Navigazione SpA, formerly Tirrenia di Navigazione SpA and Adriatica di Navigazione SpA, (Naples, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)

Applicants in Case T-265/04:

Applicants in Case T-292/04: Caremar SpA; Toremar SpA (Leghorn (Livorno), Italy); Siremar SpA (Palermo, Italy); and Saremar SpA (Cagliari, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)

Applicants in Case T-292/04:

Applicant in Case T-504/04: Navigazione Libera del Golfo SpA (Naples, Italy) (represented by: S. Ravenna and A. Abate, lawyers)

Applicant in Case T-504/04:

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Defendant:

Interveners in support of the defendant: Caremar SpA (represented by: G. Roberti, A. Franchi and G.Belletti, initially, and G. Roberti and G. Belletti, subsquently, lawyers) and the Italian Republic (represented by: M. Fiorilli, Agent)

Interveners in support of the defendant

Re:

Re:

Annulment in part of the Commission Decision No 2005/163/EC of 16 March 2004 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia) (OJ 2005 L 53, p. 29).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | In Cases T-265/04 and T-292/04, annuls Commission Decision No 2005/163/EC of 16 March 2004 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia); |
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1.

In Cases T-265/04 and T-292/04, annuls Commission Decision No 2005/163/EC of 16 March 2004 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia);

| 2. | In Case T-504/04, declares that the action has become devoid of purpose; |
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2.

In Case T-504/04, declares that the action has become devoid of purpose;

| 3. | In Case T-265/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA; |
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3.

In Case T-265/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA;

| 4. | In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA; |
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4.

In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA;

| 5. | In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs. |
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5.

In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs.

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(1)  OJ C 239, 25.9.2004.

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