Judgment — ECLI:EU:T:2009:48
Date: 2009-03-04
Language of the case: Italian
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Statement of reasons;Applications by natural or legal persons;Pleas in law;Effects of a declaration that a measure is void;Commission;Existing aid and new aid;Res judicata
Procedure: Action for annulment - decision unnecessary;Action for annulment - successful
Origin: Italy

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 (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) Language of the cases: Italian Parties Applicant 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. Bellitti, initially, and, subsequently, by G. Roberti and G. Bellitti, lawyers) Applicants in Case T-292/04: Caremar SpA (Naples); Toremar SpA (Livorno, Italy); Siremar SpA (Palermo, Italy); and Saremar SpA (Cagliari, Italy) (represented by: G. Roberti, A. Franchi and G. Bellitti, initially, and, subsequently, by G. Roberti and G. Bellitti, lawyers) Applicant in Case T-504/04: Navigazione Libera del Golfo SpA (Naples, Italy) (represented by: S. Ravenna and A. Abate, lawyers) Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents) Interveners in support of the defendant: Caremar SpA (represented by: G. Roberti, A. Franchi and G. Bellitti, initially, and, subsequently, by G. Roberti and G. Bellitti, lawyers) and the Italian Republic (represented by: M. Fiorilli, Agent) Re: Applications for annulment in part of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29). Operative part of the judgment The Court: In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group); In Case T-504/04, declares that the action has become devoid of purpose; In Case T-265/04, orders the Commission to bear its own costs and to pay those of Tirrenia di Navigazione SpA; 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; In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA; In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs. ____________ 1 - OJ C 239, 25.9.2004.