Judgment — ECLI:EU:T:2018:34
Date: 2018-01-26
Language of the case: Italian
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Fifth Chamber) of 26 January 2018 – Centro Clinico e Diagnostico G. B. Morgagni v Commission (Case T‑172/16) (State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations) 1. Actions for annulment — Jurisdiction of the EU judicature — Form of order seeking to obtain an EU-law compatible interpretation of a Union measure — Inadmissibility (Art. 256(1) and (3) TFEU; Commission Decision 2016/195, Art. 4(5)) (see paras 37-39) 2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria (Art. 263, fourth para., TFEU) (see para. 57) 3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Person individually affected by a measure general in character — Conditions — Commission decision prohibiting a sectoral aid scheme — Action brought by an undertaking which did not receive individual aid granted under the scheme but having an acquired right to benefit from the measure at issue — Admissibility (Art. 263, fourth para., TFEU) (see paras 62-66, 71, 74-79) 4. EU law — Principles — Equal treatment — Meaning — Limits (see para. 106) Re: Re: Principally, an application seeking ‘an EU-law-compatible interpretation’ of Commission Decision (EU) 2016/195 of 14 August 2015 on State aid measures SA.33083 (12/C) (ex 12/NN) implemented by Italy providing for reduced taxes and contributions linked to natural disasters (all sectors except agriculture) and SA.35083 (12/C) (ex 12/NN), implemented by Italy providing for reduced taxes and contributions linked to the earthquake in Abruzzo in 2009 (all sectors except agriculture) (OJ 2016 L 43, p. 1) and, in the alternative, an application based on Article 263 TFEU seeking the annulment of that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs. 2. Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs.