Case C-500/07 P: Order of the Court of 25 November 2008 — Territorio Energia Ambiente SpA (TEA) v Commission of the European Communities (Appeal — Action for annulment — Time limit for bringing proceedings — Starting point — Action seeking a ruling from the Court of First Instance on the personal scope of a Commission decision — Manifest lack of jurisdiction)
Date: 2008-11-25
Institutions: Court of Justice
Subjects: Italy, State aid, appeal, public sector, tax exemption

21.3.2009

EN

Official Journal of the European Union

C 69/11

Order of
Holdings Ltd,

the Court of 11 September 2008 — Coats
the
J & P Coats Ltd v Commission of

Order of the Court of 25 November 2008 — Territorio
the
Energia Ambiente SpA (TEA) v Commission of

European Communities

European Communities

(Case C-468/07 P) (1)

(Case C-500/07 P) (1)

(Appeal — Article 119 of the Rules of Procedure — Competi-
tion — Agreements, decisions and concerted practices — Fine
— Claim seeking reduction of the fine set by the Court of
First Instance)

(Appeal — Action for annulment — Time limit for bringing
proceedings — Starting point — Action seeking a ruling from
the Court of First Instance on the personal scope of a Commis-
sion decision — Manifest lack of jurisdiction)

(2009/C 69/17)

Language of the case: English

(2009/C 69/18)

Language of the case: Italian

Parties

Parties

Appellants: Coats Holdings Ltd, J & P Coats Ltd (represented by:
W. Sibree and C. Jeffs, Solicitors)

Appellant: Territorio Energia Ambiente SpA (TEA) (represented
by: E. Coffrini and F. Tesauro, avvocati)

Other party to the proceedings: Commission of
Communities
K. Mojzesovicz, Agents)

the European
(represented by: F. Castillo de la Torre and

Other party to the proceedings: Commission of
Communities (represented by: E. Righini and G. Conte, agents)

the European

Re:

Re:

Appeal against the judgment delivered by the Second Chamber
of the Court of First Instance on 12 September 2007 in Case
T-36/05 Coats Holdings Ltd and J & P Coats Ltd v Commission of
the EC by which the Court partly annulled Commission Decision
C(2004) 4221 final of 26 October 2004 relating to a
proceeding under Article 81 EC (Case COMP/F-1/38.338 —
PO/Needles) concerning market sharing agreements in respect of
haberdashery products and geographic market sharing agree-
ments, and set the amount of the fine imposed on the appli-
cants at EUR 20 million — Application for the fine to be
reduced

Appeal against the order made by the Court of First Instance
(Fourth Chamber) on 17 September 2007 in Case T-175/07
Territorio Energia Ambiente SpA v Commission by which the Court
of First Instance dismissed an application for a ruling, primarily,
that Commission Decision 2003/193/EC of 5 June 2002 on
State aid granted by Italy in the form of tax exemptions and
subsidised loans to public utilities with a majority public capital
holding (OJ 2003 L 77, p. 21) did not apply to the appellant
and, in the alternative, that the appellant did not benefit from
any unlawful aid, and for the consequential annulment, in so far
as necessary, of that decision

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed.

2. Coats Holdings Ltd and J & P Coats Ltd are ordered to pay the

costs.

2. Territorio Energia Ambiente SpA (TEA) is ordered to pay the costs.

(1) OJ C 297, 8.12.2007.

(1) OJ C 37, 9.2.2008.