Order of the Court (Seventh Chamber) of 22 March 2012 — Cantiere navale De Poli v Commission

(Case C-167/11 P)

‛Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding’

1. State aid — Planned aid — Notifying the Commission — Member States’ discretion concerning the date of notification — In the case of a temporary defensive mechanism, notification necessary before the regulation authorising the grant of aid expires (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5) (see paras 31, 32)

2. Appeals — Pleas in law — Plea raised against a ground of the judgment not necessary to support the operative part — Plea ineffective (see para. 43)

3. State aid — Planned aid — Examination by the Commission — Application of the rules of substantive law in force when the Commission took its decision (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5) (see paras 51-53)

4. Union law — Principles — Equal treatment — Meaning — Unequal treatment as a result of the temporal limitation of authorisation to grant State aid in a given sector of the market — Whether objectively justified (Council Regulation No 1177/2002, Art. 5) (see paras 74-76)

5. State aid — Commission decision finding a national measure compatible with Article 87(1) EC — No legitimate expectations in the case of alteration to the aid scheme going beyond the bounds of the authorisation decision (Art. 87(1) EC) (see paras 85-87)

6. Appeals — Setting out in the application of the pleas in law and legal arguments — Plea plainly not intended to challenge the judgment — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 99, 100, 115)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-584/08 Cantieri Navale De Poli v Commission, by which the Court dismissed the action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50).

Operative part

1. The appeal is dismissed.

2. Cantiere navale De Poli SpA is ordered to pay the costs.

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

Order of the Court (Seventh Chamber) of 22 March 2012 — Cantiere navale De Poli v Commission

(Case C-167/11 P)

‛Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding’

1. State aid — Planned aid — Notifying the Commission — Member States’ discretion concerning the date of notification — In the case of a temporary defensive mechanism, notification necessary before the regulation authorising the grant of aid expires (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5) (see paras 31, 32)

2. Appeals — Pleas in law — Plea raised against a ground of the judgment not necessary to support the operative part — Plea ineffective (see para. 43)

3. State aid — Planned aid — Examination by the Commission — Application of the rules of substantive law in force when the Commission took its decision (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5) (see paras 51-53)

4. Union law — Principles — Equal treatment — Meaning — Unequal treatment as a result of the temporal limitation of authorisation to grant State aid in a given sector of the market — Whether objectively justified (Council Regulation No 1177/2002, Art. 5) (see paras 74-76)

5. State aid — Commission decision finding a national measure compatible with Article 87(1) EC — No legitimate expectations in the case of alteration to the aid scheme going beyond the bounds of the authorisation decision (Art. 87(1) EC) (see paras 85-87)

6. Appeals — Setting out in the application of the pleas in law and legal arguments — Plea plainly not intended to challenge the judgment — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 99, 100, 115)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-584/08 Cantieri Navale De Poli v Commission, by which the Court dismissed the action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50).

Operative part

1. The appeal is dismissed.

2. Cantiere navale De Poli SpA is ordered to pay the costs.