Order — ECLI:EU:C:2017:200
Date: 2017-03-09
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 9 March 2017 —Simet v Commission (Case C‑232/16 P) (1) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market) 1. Appeal — Grounds — Grounds which are manifestly inadmissible or manifestly unfounded — Dismissal at any point, by reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see para. 33) 2. Judicial proceedings — Written procedure — Authorisation of a reply restricted to questions of admissibility — No possibility for the parties to submit certain arguments as to the substance (Rules of Procedure of the Court of Justice, Art. 175(2)) (see paras 39-41) 3. Appeal — Grounds — Incorrect assessment of the facts and evidence — Review by the Court of the findings of fact — 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 56-60, 74, 84, 111, 116) 4. Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paras 63-65, 98, 102-103, 110, 117) 5. State aid — Examination by the Commission — No observations by the persons concerned — Not relevant to the validity of the Commission decision — Obligation to examine matters not expressly invoked by the Commission’s own motion — No such obligation (Art. 108(2) TFEU) (see para.68) 6. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see paras 80-81) 7. Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 94-97) 8. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept — Arguments closely linked to a plea set out in the application initiating proceedings — Not included (Rules of Procedure of the General Court (1991), Art. 48(2)) (see paras 121-124) Operative part 1. The appeal is dismissed. 2. Simet SpA shall pay the costs. 1 OJ C 232, 27.6.2016.