Case T-453/08: Action brought on 3 October 2008 — Timsas v Commission
Date: 2008-10-03
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), aid system, common market, infringement of EU law

22.11.2008

EN

Official Journal of the European Union

C 301/59

the subject-matter of

— failure to state adequate reasons as regards the amendment
of
the
misuse of aid measure No 278/99, and the ‘extension’ which
led to the adoption of the contested decision;

the procedure opened for

— infringement of Article 88(2) EC in so far as the statement
in recital 74 of the decision, regarding the unlawful imple-
mentation of the aid in question, is outside the scope of that
provision;

— breach of the principle of transparency;

— failure to state adequate reasons as regards the principle of
the reasonable duration of the formal investigation proce-
dure;

— failure to state reasons as regards the recovery of the aid
already disbursed, having regard to the fact that this point
was also of particular importance in relation to the principle
of the protection of legitimate interests of third parties and
to the unreasonably lengthy duration of the proceedings;

— breach of the de minimis principle laid down in Commission
Regulation (EC) No 69/2001 of 12 January 2001 on the
application of Articles 87 and 88 of the EC Treaty to de
minimis aid (2).

(1) OJ L 83, 27.3.1999, p. 1.
(2) OJ L 10, 13.1.2001, p. 30.

submitted an application for aid under
before starting work on an initial
(Article 1 of the Decision);

the scheme
investment project’

(b) orders that

the
‘[t]he Italian Republic shall
incompatible aid granted under the scheme referred to
in Article 1 from the recipients’ (Article 2(1) of the Deci-
sion);

recover

(c) orders that ‘[t]he The Italian Republic shall cancel all
outstanding payments of aid under the scheme referred
to in Article 1 with effect from the date of adoption of
this Decision’ (Article 2(4) of the Decision).

— Order the Commission to pay the costs of

the present

proceedings.

Pleas in law and main arguments

The contested decision in the present case is the same as that at
issue in Case T-394/08 Regione Sardegna v Commission, Case
T-408/08 S.F. Turistico Immobiliare v Council and Commission and
Case T-436/08 Studio Vacanze v Commission.

The pleas in law and main arguments are similar to those put
forward in those cases.

Action brought on 3 October 2008 — Timsas v
Commission

(Case T-453/08)

(2008/C 301/97)

Language of the case: Italian

Action brought on 6 October 2008 — Grand Hotel Abi
d'Oru v Commission

(Case T-454/08)

(2008/C 301/98)

Language of the case: Italian

Parties

Parties

Applicant: Grand Hotel Abi d'Oru SpA (Olbia, Italy) (represented
by: D. Dodaro and S. Cianciullo, lawyers)

Applicant: Timsas Srl (Arezzo, Italy) (represented by: D. Dodaro,
S. Pinna and S. Cianciullo, lawyers)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Forms of order sought

— Annul the Decision in so far as it:

(a) states that ‘[t]he [S]tate aid granted in accordance with
Regional Act No 9 of 1998, unlawfully put into effect
by Italy in Resolution (deliberazione) No 33/6 and in the
is incompatible with the
first call
aid
the
common market unless

for applications,

recipient of

the

Forms of order sought

— Annul the Decision in so far as it:

(a) states that ‘[t]he [S]tate aid granted in accordance with
Regional Act No 9 of 1998, unlawfully put into effect
by Italy in Resolution (deliberazione) No 33/6 and in the
is incompatible with the
first call
aid
the
common market unless
the
the scheme
submitted an application for aid under
before starting work on an initial
investment project’
(Article 1 of the Decision);

for applications,

recipient of