Judgment of the Court (Second Chamber) of 7 November 2013 — Italy v Commission

(Case C‑587/12 P)

‛Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court’

1. Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account — Adoption of a new measure on the basis of earlier valid preparatory measures — Lawfulness (Art. 266 TFEU) (see paras 12, 13)

2. Appeals — Grounds — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30, 31)

3. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 42, 43)

4. Appeals — 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, Art. 169(2) (see para. 50)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 27 September 2012 in Case T‑257/10 Italy v Commission, by which the General Court dismissed an action for annulment of Commission Decision 2011/134/EU of 24 March 2010 on the State aid implemented by Italy for Wam SpA (OJ 2011 L 57, p. 29) — Obligation to state reasons — Principle of audi alteram partem — Res judicata — Principle of proportionality — De minimis Regulation.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the Italian Republic to pay the costs.

Judgment of the Court (Second Chamber) of 7 November 2013 — Italy v Commission

(Case C‑587/12 P)

‛Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court’

1. Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account — Adoption of a new measure on the basis of earlier valid preparatory measures — Lawfulness (Art. 266 TFEU) (see paras 12, 13)

2. Appeals — Grounds — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30, 31)

3. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 42, 43)

4. Appeals — 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, Art. 169(2) (see para. 50)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 27 September 2012 in Case T‑257/10 Italy v Commission, by which the General Court dismissed an action for annulment of Commission Decision 2011/134/EU of 24 March 2010 on the State aid implemented by Italy for Wam SpA (OJ 2011 L 57, p. 29) — Obligation to state reasons — Principle of audi alteram partem — Res judicata — Principle of proportionality — De minimis Regulation.

Operative part

The Court:

1. Dismisses the appeal;