# C_2004217EN.01003001.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/30 |
| --- | --- | --- | --- |

28.8.2004

EN

Official Journal of the European Union

C 217/30

---

Action brought on 11 June 2004 by the Italian Republic against the Commission of the European Communities

(Case T-239/04)

(2004/C 217/53)

Language of the case: Italian

An action against the European Commission was brought before the Court of First Instance of the European Communities on 11 June 2004 by the Italian Republic, represented by State Advocate Danilo del Gaizo.

The applicant claims that the Court should:

| — | Declare the contested decision null and void; |
| --- | --- |

—

Declare the contested decision null and void;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

Pleas in law and main arguments

This action is directed against Commission Decision C(2004)930 fin of 30 March 2004 relating to Proceeding No C62/2003 (ex NN 7/2003) declaring incompatible with the common market State aid in respect of urgent measures concerning employment to which Italy gave effect in the Decree-Law of 14 February 2003 converted into Law No 81 of 17 April 2003. In particular the Commission found that the aid measure at issue confers a financial benefit on persons acquiring undertakings in financial difficulties, which are subject to extraordinary administration, have at least 1000 employees and prior to 30 April 2003 entered into a collective agreement with the Ministry of Labour for approval of the transfer of workers, as well as for undertakings in financial difficulty subject to extraordinary administration having at least 1 000 employees and subject to transfer.

In support of its claims the applicant State maintains that:

| — | the aid at issue constitutes a measure of a general nature intended to promote employment and, as such, does not distort or threaten to distort competition; accordingly, it does not constitute State aid within the meaning of Article 87(1)EC. |
| --- | --- |

—

the aid at issue constitutes a measure of a general nature intended to promote employment and, as such, does not distort or threaten to distort competition; accordingly, it does not constitute State aid within the meaning of Article 87(1)EC.

| — | the Commission's assessment of the compatibility of the aid is negated by the period of validity of a measure justified by the need to confront a temporary situation or grave crisis in employment and limited to the period of time strictly necessary for tackling it, in accordance with the principle of proportionality. |
| --- | --- |

—

the Commission's assessment of the compatibility of the aid is negated by the period of validity of a measure justified by the need to confront a temporary situation or grave crisis in employment and limited to the period of time strictly necessary for tackling it, in accordance with the principle of proportionality.

| — | there has been an infringement of the guidelines concerning State aid for recovery and restructuring, inasmuch as, in regard to the sale of Ocean SpA to Brandt Italia, point 100 of those guidelines expressly refers to non-notified aid, stating that the Commission must examine the compatibility with the common market of any aid in favour of recovery and restructuring granted without the Commission's authorisation. |
| --- | --- |

—

there has been an infringement of the guidelines concerning State aid for recovery and restructuring, inasmuch as, in regard to the sale of Ocean SpA to Brandt Italia, point 100 of those guidelines expressly refers to non-notified aid, stating that the Commission must examine the compatibility with the common market of any aid in favour of recovery and restructuring granted without the Commission's authorisation.

| — | the Commission has infringed its Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (1), inasmuch as it did not consider the aid measure at issue to be compatible with it. |
| --- | --- |

—

the Commission has infringed its Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (1), inasmuch as it did not consider the aid measure at issue to be compatible with it.

1

---

(1)  OJ 2002 L 331, p. 3.

1

---