Case C-49/05 P: Judgment of the Court (Fourth Chamber) of 8 May 2008 — Ferriere Nord SpA v Commission of the European Communities, Italian Republic (Appeal — State aid — Formal examination procedure — Community framework for State aid for environmental protection — Rights of the parties — Application to submit observations — Article 88(2) EC — Regulation (EC) No 659/1999 — Legitimate expectations — Legal certainty — Environmental purpose of the investment)
Date: 2008-05-08
Institutions: Court of Justice
Subjects: Italy, State aid, appeal, control of State aid, environmental protection, investment aid, iron and steel industry, iron and steel-working machinery

C 158/2

EN

Official Journal of the European Union

21.6.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Fourth Chamber) of 8 May 2008 —
the European
Ferriere Nord SpA v Commission of

compensation for the harm allegedly suffered by the applicant
following adoption of that decision

Communities, Italian Republic

(Case C-49/05 P) (1)

Operative part of the judgment

(Appeal — State aid — Formal examination procedure —
Community framework for State aid for environmental protec-
tion — Rights of the parties — Application to submit obser-
vations — Article 88(2) EC — Regulation (EC) No 659/1999
— Legitimate expectations — Legal certainty — Environ-
mental purpose of the investment)

(2008/C 158/02)

Language of the case: Italian

The Court:

1. Dismisses the appeal;

2. Orders Ferriere Nord SpA to pay the costs;

3. Orders the Italian Republic to bear its own costs.

(1) OJ C 82, 2.4.2005.

Parties

Appellant: Ferriere Nord SpA (represented by: W. Viscardini, G.
Donà, avvocati)

Other parties to the proceedings: Commission of the European
Communities (represented by: V. Di Bucci, acting as Agent);
Italian Republic (represented by:
I. Braguglia, Agent, and M.
Fiorilli, avvocato dello Stato)

Re:

the Court of First Instance
Appeal against the judgment of
(Fourth Chamber, Extended Composition) of 18 November
2004 in Case T-176/01 Ferriere Nord v Commission, dismissing
an application for, on the one hand, annulment of Commission
Decision 2001/829/EC, ECSC of 28 March 2001 Commission
Decision of 28 March 2001 on the State aid which Italy is plan-
ning to grant to Ferriere Nord SpA (OJ 2001 L 310, p. 22),
declaring incompatible with the common market aid notified as
environmental aid which the autonomous Region of Friuli-
Venezia Giulia (Italy) is planning to grant to the applicant in the
form of a financial contribution to investments in new plant for
the production of electrowelded wire mesh to reduce noise and
eliminate waste in the form of iron oxide, and, on the other,

Judgment of the Court (Second Chamber) of 8 May 2008
(references for a preliminary ruling from the Finanzgericht
Düsseldorf and the Tribunal de grande instance de
Nanterre (Germany, France)) — Zuckerfabrik Jülich AG,
formerly Jülich AG v Hauptzollamt Aachen

(Joined Cases C-5/06 and C-23/06 to C-36/06) (1)

(Sugar — Production levies — Detailed rules for the applica-
tion of the quota system — Calculation of the exportable
surplus — Calculation of the average loss)

(2008/C 158/03)

Language of the case: German and French

Referring court

Finanzgericht Düsseldorf, Tribunal de grande
Nanterre

instance de