Order of the General Court (Fourth Chamber) of 12 December 2012 — Adriatica di Navigazione and Comitato ‘Venezia Vuole Vivere’ v Commission

(Case T-231/00)

‛Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law’

1. Judicial proceedings — Objection of inadmissibility — Decision to join the application for a separate ruling on the objection of inadmissibility to the substance — Dismissal of an action on the substance without ruling on that objection — Discretion of the General Court (see paras 18-20)

2. State aid — Concept — Granting of an advantage to beneficiaries — Measures designed to compensate for possible competitive disadvantages affecting undertakings established in a given region of a Member State — Included (Art. 87(1) and (3) EC) (see paras 30, 31)

3. State aid — Examination by the Commission — Examination of an aid scheme as a whole — Lawfulness (Arts 87 EC and 88 EC) (see para. 39)

4. State aid — Commission decision — Assessment of legality by reference to the information available at the time of adoption of the decision (Art. 87 EC) (see paras 40, 41)

5. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Aid for the development of particular areas — Exclusion of operating aid save in exceptional circumstances (Art. 87(3)(c) EC) (see paras 60, 61)

Re:

ACTION for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part

1. The plea of inadmissibility raised by the European Commission is joined to the substance of the case.

2. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.

3. Adriatica di Navigazione SpA and the Comitato ‘Venezia vuole vivere’ are ordered to bear their own costs and pay those of the Commission.

4. The Italian Republic is ordered to bear its own costs.

Order of the General Court (Fourth Chamber) of 12 December 2012 — Adriatica di Navigazione and Comitato ‘Venezia Vuole Vivere’ v Commission

(Case T-231/00)

‛Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law’

1. Judicial proceedings — Objection of inadmissibility — Decision to join the application for a separate ruling on the objection of inadmissibility to the substance — Dismissal of an action on the substance without ruling on that objection — Discretion of the General Court (see paras 18-20)

2. State aid — Concept — Granting of an advantage to beneficiaries — Measures designed to compensate for possible competitive disadvantages affecting undertakings established in a given region of a Member State — Included (Art. 87(1) and (3) EC) (see paras 30, 31)

3. State aid — Examination by the Commission — Examination of an aid scheme as a whole — Lawfulness (Arts 87 EC and 88 EC) (see para. 39)

4. State aid — Commission decision — Assessment of legality by reference to the information available at the time of adoption of the decision (Art. 87 EC) (see paras 40, 41)

5. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Aid for the development of particular areas — Exclusion of operating aid save in exceptional circumstances (Art. 87(3)(c) EC) (see paras 60, 61)

Re:

ACTION for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part

1. The plea of inadmissibility raised by the European Commission is joined to the substance of the case.

2. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.

3. Adriatica di Navigazione SpA and the Comitato ‘Venezia vuole vivere’ are ordered to bear their own costs and pay those of the Commission.