Case C-167/11 P: Appeal brought on 5 April 2011 by Cantiere Navale De Poli SpA against the judgment of the General Court (Eighth Chamber) delivered on 3 February 2011 in Case T-584/08 Cantiere Navale De Poli v Commission
Date: 2011-04-05
Institutions: Court of Justice
Subjects: Italy, common market, competition policy, equal treatment, principle of subsidiarity, third country








C_2011173EN.01000703.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/7





Appeal brought on 5 April 2011 by Cantiere Navale De Poli SpA against the judgment of the General Court (Eighth Chamber) delivered on 3 February 2011 in Case T-584/08 Cantiere Navale De Poli v Commission

(Case C-167/11 P)
2011/C 173/15
Language of the case: Italian

Parties


Appellant: Cantiere Navale De Poli SpA in liquidation and arrangement with creditors (represented by: A. Abate and A. Franchi, avvocati)

Other party to the proceedings: European Commission

Form of order sought







—


uphold the appeal seeking the setting aside of the judgment of the General Court of 3 February 2011 and the related decision of the European Commission of 21 October 2008 and, in so far as is necessary and possible, a direct decision on the substance of the main action;










—


in the alternative, set aside that judgment and refer the case back to the General Court;










—


order the Commission to pay all costs and expenses relating to the proceedings.





Pleas in law and main arguments

By its appeal, the appellant challenges the judgment of the General Court of 3 February 2011 in Case T-584/08 Cantiere Navale De Poli v Commission, particularly in the following respects:






a)


Procedural defects on grounds of failure to state adequate reasons in relation to:






—


the teleological interpretation of Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding (‘the TDM Regulation’) (1) in order to identify the objectives pursued by the Council for the protection of the interests of those Community shipyards affected by the unfair conditions of competition applied by Korean shipyards;










—


the relationship (order of precedence of legislative acts) between the TDM Regulation of the Council and Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 88 of the EC Treaty; (2)











—


reference to the principle of subsidiarity in order to determine the rules governing the time-limits for notifications of aid to the Commission on the part of the Member States.














b)


Breach of Community law in relation to:






—


the temporal aspects of the exercise of the Member States’ power to notify aid to the Commission in the context of the TDM Regulation;










—


the Commission’s sphere of competence in the assessment of the ‘compatibility with the common market’ of the aid envisaged by the TDM Regulation;










—


the governance of the legal relations arising under the TDM Regulation following the expiry of the period in which that regulation remained in force (31 March 2005);










—


the application of the principles of equal treatment and of the protection of legitimate expectations.










(1)  OJ 2002 L 172, p. 1.

(2)  OJ 2004 L 140, p. 1.