Order — ECLI:EU:C:2011:642
Date: 2011-10-06
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Order of the Court (Sixth Chamber) of 6 October 2011 – ThyssenKrupp Acciai Speciali Terni and Others v Commission (Joined Cases C-448/10 P to C-450/10 P) Appeal – 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 – Notion of advantage – Principle of the protection of legitimate expectations – Interpretation of national law – Distortion – Definition – Appeal manifestly inadmissible and manifestly unfounded 1. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 34, 46) 2. Appeals – Grounds – Distortion of the sense of the national law relied on as evidence – Admissibility (see para. 33) 3. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see paras 62, 66-67) Re: Appeal brought against the judgments of the General Court (Fifth Chamber) of 1 July 2010 in Case T-62/08 ThyssenKrupp Acciai Speciali Terni v Commission , Case T‑63/08 Cementir Italia v Commission , and Case T‑64/08 Nuova Terni Industrie Chimiche v Commission by which that court dismissed the applications 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 1. The appeals are dismissed. 2. ThyssenKrupp Acciai Speciali Terni SpA, Cementir Italia Srl and Nuova Terni Industrie Chimiche SpA are ordered to pay the costs.