Case T-62/08: Action brought on 6 February 2008 — ThyssenKrupp Acciai Speciali Terni v Commission
Date: 2008-02-06
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, energy industry

C 92/40

EN

Official Journal of the European Union

12.4.2008

Action brought on 6 February 2008 — ThyssenKrupp
Acciai Speciali Terni v Commission

prior notification had not been infringed and there were no
amounts to recover;

(Case T-62/08)

(2008/C 92/79)

Language of the case: Italian

— infringement of Article 14(1) of Council Regulation (EC)
No 659/1999 of 22 March 1999 laying down detailed rules
for the application of Article 93 of
the EC Treaty, and
unlawfulness of the order for recovery in the contested deci-
sion owing to breach of the principle of the protection of
legitimate expectations.

Parties

Applicant: ThyssenKrupp Acciai Speciali Terni SpA (Terni, Italy)
(represented by: T. Salonico, G. Pellegrino, G. Pellegrino, G.
Barone, lawyers)

Action brought on 6 February 2008 — Cementir Italia v
Commission

Defendant: Commission of the European Communities

Form of order sought

— declare that the contested decision is unlawful and annul
that decision in its entirety inasmuch as it regards as State
aid the contested measure, which in fact constitutes a lawful
continuation of
the measure by which the Italian State
granted compensation to Terni SpA (and its assignees) for
the expropriation of its electricity plants which occurred in
1962-63;

— order the defendant to pay the costs of the proceedings;

— in the alternative, annul the decision insofar as it:

(a) states

that

Italy

State
ThyssenKrupp, Cementir and Nuova Terni
Chimiche in breach of Article 88(3) of the EC Treaty;

unlawfully

aid
to
Industrie

paid

(b) states that

there are amounts to be recovered from
Industrie

ThyssenKrupp, Cementir and Nuova Terni
Chimiche; and consequently

(c) orders Italy to recover

those amounts plus interest

without delay;

— in the further alternative, annul

the contested decision
insofar as it orders Italy to recover the State aid plus interest
without delay, since that recovery infringes the general prin-
ciple of the protection of legitimate expectations.

Pleas in law and main arguments

The contested decision in the present case is the same as that in
Case T-53/08 Italy v Commission.

The pleas and the main arguments relied on are similar to those
put forward in that case. In addition to infringement of Arti-
cles 87 and 88 of the EC Treaty on account of erroneous inter-
pretation of the extension of the compensatory tariff for the
former Terni companies,
in the alternative the applicant also
pleads:

— infringement of Article 88 of the EC Treaty in relation to
failure to consider that the contested measure had in fact
not yet been implemented and therefore the obligation of

(Case T-63/08)

(2008/C 92/80)

Language of the case: Italian

Parties

Applicant: Cementir Italia Srl (Rome, Italy) (represented by: T.
Salonico, G. Pellegrino, G. Pellegrino, G, Barone, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— declare that the contested decision is unlawful and annul
that decision in its entirety inasmuch as it regards as State
aid the contested measure, which in fact constitutes a lawful
continuation of
the measure by which the Italian State
granted compensation to Terni SpA (and its assignees) for
the expropriation of its electricity plants which occurred in
1962-63;

— order the defendant to pay the costs of the proceedings;

— in the alternative, annul the decision insofar as it:

(a) states

that

Italy

State
ThyssenKrupp, Cementir and Nuova Terni
Chimiche in breach of Article 88(3) of the EC Treaty;

unlawfully

to
aid
Industrie

paid

(b) states that

there are amounts to be recovered from
Industrie

ThyssenKrupp, Cementir and Nuova Terni
Chimiche; and consequently

(c) orders Italy to recover

those amounts plus interest

without delay;

— in the further alternative, annul

the contested decision
insofar as it orders Italy to recover the State aid plus interest
without delay, since that recovery infringes the general prin-
ciple of the protection of legitimate expectations.