Information;Judgment — ECLI:EU:T:2022:300
Date: 2022-05-18
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Eighth Chamber) of 18 May 2022 – Tirrenia di navigazione v Commission (Case T‑593/20) (1) (State aid – Maritime transport – Service of general economic interest – Decision declaring the aid unlawful – Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery – Rescue aid – Compatibility with the internal market – Period of six months – Extension – Requirement to submit a restructuring or liquidation plan – Guidelines on State aid for rescuing and restructuring firms in difficulty – Tax exemption – Advantage – Selective nature – Effect on trade between Member States – Adverse effect on competition – Excessive duration of the procedure – Legitimate expectations – Legal certainty – Principle of good administration) 1. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Brief statement of the pleas in law on which the application is based – Application not sufficiently clear and precise (Statute of the Court of Justice, Arts 21 and 53, first para.; Rules of Procedure of the General Court, Art. 76, first para., subpara. (d)) (see paras 56-59, 97-99) 2. State aid – Concept – Grant of an advantage to the beneficiaries – Burden of proving an advantage on the Commission – Relevant date for the purpose of determining whether there is an advantage – Date of the legally binding measure requiring the competent national authority to grant the aid – Aid which can materialise only upon the occurrence of future and uncertain events – Irrelevant (Art. 107(1) TFEU) (see paras 65-70) 3. State aid – Commission decision finding aid incompatible with the common market and ordering its recovery – Possible for the Commission to leave to national authorities the task of calculating the exact amount to be recovered (Art. 108(2) TFEU) (see paras 71, 73) 4. State aid – Decision of the Commission finding aid incompatible with the internal market and ordering its recovery – Difficulties in implementation – Duty of the Commission and of the Member State to collaborate in seeking a solution compatible with the Treaty (Art. 4(3) TEU; Art. 108(2) TFEU) (see para. 72) 5. State aid – Effect on trade between Member States – Adverse effect on competition – Criteria for assessment – Aid which may affect that trade and distort competition – Meaning (Art. 107(1) TFEU) (see paras 82-84) 6. State aid – Effect on trade between Member States – Adverse effect on competition – Criteria for assessment – Aid enabling an undertaking in difficulty to remain on the market – Aid which may distort the conditions for competition (Art. 107(1) TFEU) (see paras 86-88) 7. State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 108 TFEU – Legitimate expectations entertained by the recipients – None save in exceptional circumstances – Legitimate expectations arising from the excessive length of the administrative procedure – Obligation for the Commission to give a decision within a reasonable time – Assessment of actual situation (Art. 108 TFEU; Council Regulation No 659/1999, Arts 13(2) and 14(1)) (see paras 100-133) Operative part The Court: 1. Dismisses the action; 2. Orders Tirrenia di navigazione SpA to pay the costs. 1 OJ C 378, 9.11.2020.