CELEX: 62016TA0172
Language: en
Date: 2018-01-26 00:00:00
Title: Case T-172/16: Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission (State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations)

12.3.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/19
            
         Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission
   (Case T-172/16) (1)
   
   ((State aid - Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy - Decision declaring the aid incompatible with the internal market and ordering its recovery - Action for annulment - Potential beneficiary as the holder of an acquired right - Direct and individual concern - Admissibility - Equal treatment - Legitimate expectations))
   (2018/C 094/24)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Centro Clinico e Diagnostico G.B. Morgagni Srl (Catania, Italy) (represented by: E. Castorina, lawyer)
   
      Defendant: European Commission (represented by: P. Stancanelli and V. Bottka, acting as Agents)
   
      Re:
   
   Principally, an application seeking ‘an EU-law-compatible interpretation’ of Commission Decision (EU) 2016/195 of 14 August 2015 on State aid measures SA.33083 (12/C) (ex 12/NN) implemented by Italy providing for reduced taxes and contributions linked to natural disasters (all sectors except agriculture) and SA.35083 (12/C) (ex 12/NN), implemented by Italy providing for reduced taxes and contributions linked to the earthquake in Abruzzo in 2009 (all sectors except agriculture) (OJ 2016 L 43, p. 1) and, in the alternative, an application based on Article 263 TFEU seeking the annulment of that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs.
            
         
      (1)  OJ C 211, 13. 6. 2016.