Judgment of the Court (Grand Chamber) of 10 May 2005 in Case C-400/99: Italian Republic v Commission of the European Communities (Action for annulment — State aid — Measures regarding maritime transport undertakings — Public service contracts — No aid, existing aid or new aid — Initiation of the procedure under Article 88(2) EC — Obligation to suspend)
Date: 2005-07-09
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, maritime transport, services of general interest, suspension of aid

9.7.2005

EN

Official Journal of the European Union

C 171/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

3. Orders the parties to bear their own costs.

(Grand Chamber)

of 10 May 2005

(1) OJ C 20 of 22.01.2000.

in Case C-400/99: Italian Republic v Commission of the
European Communities (1)

(Action for annulment — State aid — Measures regarding
maritime transport undertakings — Public service contracts
— No aid, existing aid or new aid — Initiation of the proce-
dure under Article 88(2) EC — Obligation to suspend)

(2005/C 171/01)

(Language of the case: Italian)

In Case C-400/99: Italian Republic (Agents: U. Leanza, I. Bragu-
glia assisted by P.G. Ferri and M. Fiorilli) v Commission of the
European Communities (Agents: E. De Persio, D. Triantafyllou
and V. Di Bucci) — Action for annulment under Article 230
EC, brought on 18 October 1999 — the Court
(Grand
Chamber), composed of V. Skouris, President, P. Jann, C.W.A.
Timmermans and A. Rosas, Presidents of Chambers, J.-P. Puis-
sochet (Rapporteur), R. Schintgen, N. Colneric, S. von Bahr and
J. N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, gave a judgment on 10 May 2005,
in
which it:

1. Annuls the Commission decision, notified to the Italian authorities
by letter SG(99) D/6463, of 6 August 1999, to initiate the
procedure under Article 88(2) EC concerning State aid C 64/99
(ex NN 68/99) to the extent to which it entailed, until notifica-
tion to the Italian authorities of the decision closing the procedure
in relation to the undertaking concerned (Commission Decision
C(2001) 1684 of 21 June 2001 or Commission Decision
C(2004) 470 final of 16 March 2004) suspension of the tax
treatment applied for the supply of fuel and lubricating oil to the
vessels of Gruppo Tirrenia di Navigazione;

2. For the rest, dismisses the application;

JUDGMENT OF THE COURT

(Grand Chamber)

of 3 May 2005

in Joined Cases C-387/02, C-391/02 and C-403/02: Refer-
ences for preliminary rulings from the Tribunale di Milano
and the Corte d'appello di Lecce in the criminal proceed-
ings against Silvio Berlusconi, Sergio Adelchi, Marcello
Dell'Utri and Others (1)

(Company law — Article 5 of the EEC Treaty (subsequently
Article 5 of the EC Treaty, in turn Article 10 EC) and Article
54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of
the EC Treaty, in turn, after amendment, Article 44(2)(g)
EC) — First Directive 68/151/EEC, Fourth Directive
78/660/EEC and Seventh Directive 83/349/EEC — Annual
accounts — Principle of a true and fair view — Penalties
provided for in cases of false information on companies (false
accounting) — Article 6 of First Directive 68/151 —
Requirement that penalties for breaches of Community law
be appropriate)

(2005/C 171/02)

(Language of the cases: Italian)

In Joined Cases C-387/02, C-391/02 and C-403/02: references
for preliminary rulings under Article 234 EC from the Tribu-
nale di Milano (C-387/02 and C-403/02) and the Corte d'ap-
pello di Lecce (C-391/02)
(Italy), made by decisions of 26
October 2002, 29 October 2002 and 7 October 2002, received