Judgment;Information — ECLI:EU:T:2023:20
Date: 2023-01-25
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Italy

Summary of the pleas in law on which the application is based – Plea not supported by precise arguments – Inadmissibility (Rules of Procedure of the General Court, Art. 76) (see paragraph 40) 3. Aid granted by a Member State – Concept – Legal nature – Interpretation on the basis of objective factors – Judicial review – Scope (Art. 107(1) TFEU) (see paragraph 43) 4. Aid granted by a Member State – Concept – Grant of an advantage to the beneficiaries – Measure conferring a tax advantage –Exemption in part from registration duties payable for the transfer of business between undertakings – Mitigation of charges normally included in the budget of an undertaking – Included – Objectives pursued by the State – Irrelevant (Art. 107(1) TFEU) (see paragraphs 44-53) 5. Aid granted by a Member State – Recovery of unlawful aid – Restoration of the prior situation – Scope (Art. 108 TFEU) (see paragraphs 55-59) 6. Aid granted by a Member State – Prohibition – Exceptions – Undertakings entrusted with the operation of services of general economic interest – Compensation for the costs generated by the public service mission –Acquisition of a branch of a business operating public services for maritime transport – Exemption in part from registration duties payable for the transfer of business between undertakings – Compensation necessary for the functioning of services of general economic interest – None (Arts 106(2) and 107(1) TFEU) (see paragraphs 79-83) 7. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Obligation for the Commission to put an end to the formal investigation procedure on State Aid within 18 months – Inapplicable where aid not notified – Infringement of the reasonable time requirement – None (Art. 340, second para., TFEU; Council Regulation 2015/1589, Arts 9(6) and 15(2)) (see paragraphs 91-115) Operative part The Court: 1. Dismisses the action; 2. Orders Società Navigazione Siciliana SCpA to pay the costs. 1 OJ C 2, 3.1.2022.