Judgment — ECLI:EU:T:2008:541
Date: 2008-12-02
Language of the case: Italian
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: General;Basis of liability;Existing aid and new aid
Procedure: Action for damages - unfounded
Origin: Italy

Judgment of the Court of First Instance of 2 December 2008 - Nuova Agricast and Cofra v Commission (Case T-362/05 and T-363/05) 1 (Non-contractual liability of the Community - Aid scheme provided for under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Certain undertakings excluded - Principle of protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - None) Language of the case: Italian Parties Applicant: Nuova Agricast Srl (Cerignola, Italy) and Cofra Srl (Barletta, Italy) (represented by: M.A. Calabrese, lawyer) Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents) Re: Action for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 - Italy (SG 2000 D/105754)) and as a result of the Commission's conduct during the procedure which preceded the adoption of that decision. Operative part of the judgment The Court: Joins Case T-362/05 and T-363/05 for the purposes of the judgment. Dismisses the actions. Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05. Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05. ____________ 1 - OJ C 296, 26.11.2005.