CELEX: 62004TJ0265
Language: en
Date: 2009-03-04 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 4 March 2009. # Tirrenia di Navigazione SpA (T-265/04), Caremar SpA and Others (T-292/04) and Navigazione Libera del Golfo SpA (T-504/04) v Commission of the European Communities. # State aid - Maritime transport - Subsidies paid by the Italian authorities to regional undertakings - Decision declaring the aid in part compatible and in part incompatible with the common market - Action for annulment - Admissibility - Legal interest in bringing proceedings - New or existing aid - Duty to state reasons - Article 4(3) of Regulation (EEC) No 3577/92. # Joined cases T-265/04, T-292/04 and T-504/04.

Judgment of the Court of First Instance (Seventh Chamber) of 4 March 2009 – Tirrenia di Navigazione and Others v Commission
      (Joined Cases T-265/04, T-292/04 and T-504/04)
      State aid – Maritime transport – Subsidies paid by the Italian authorities to regional undertakings – Decision declaring the aid in part compatible and in part incompatible with the common market – Action for annulment – Admissibility – Legal interest in bringing proceedings – New or existing aid – Duty to state reasons – Article 4(3) of Regulation (EEC) No 3577/92
      1.                     Actions for annulment – Interest in bringing proceedings – Action by the recipient of State aid against a Commission decision
            declaring it compatible with the common market (Arts 230 EC, fourth para., and 233 EC) (see paras 63-72)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87 EC and 253
            EC) (see paras 98-99, 101-103)
      3.                     Commission – Principle of collegiality – Scope (Art. 253 EC) (see paras 107-108)
      4.                     State aid – Existing aid and new aid – Definition (Art. 88(3) EC) (see paras 123-124, 126-127)
      5.                     State aid – Existing aid and new aid – Payments in favour of shipping companies providing, in the context of public service
            contracts, regular services to and from islands (Art. 88(1) and (3) EC; Council Regulation No 3577/92, Art. 4(3)) (see paras
            143-144)
      6.                     Actions for annulment – Judgment annulling a measure – Scope – Absolute authority of res judicata (see paras 159-160)
      Re: 
      
         
               APPLICATIONS for annulment in part of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the
                  Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to
                     the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	In Case T-504/04, declares that the action has become devoid of purpose;
               
            
         
                  3.
               
               
                  
               
               
                  	In Case T-265/04, orders the Commission to bear its own costs and to pay those of Tirrenia di Navigazione SpA;
               
            
         
                  4.
               
               
                  
               
               
                  	In Case T-292/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and
                     Toremar SpA;
                  
               
            
         
                  5.
               
               
                  
               
               
                  	In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA;
               
            
         
                  6.
               
               
                  
               
               
                  	In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs.