CELEX: 62015TA0185
Language: en
Date: 2018-07-11 00:00:00
Title: Case T-185/15: Judgment of the General Court of 11 July 2018 — Buonotourist v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)

27.8.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/24
            
         
      Judgment of the General Court of 11 July 2018 — Buonotourist v Commission
      (Case T-185/15) (1)
      
      ((State aid - Undertaking operating networks of bus routes in the Regione Campania - Advantage - Service of general economic interest - Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance - Decision declaring the aid incompatible with the internal market - Existing aid and new aid - Regulation (EEC) No 1191/69 - Conditions for exemption from the requirement for notification - Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 - Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid - Force of res judicata of a judgment of a higher national court - Temporal application of the rules of substantive law - Legitimate expectations - Legal certainty))
      (2018/C 301/31)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: Buonotourist Srl (Castel San Giorgio, Italy) (represented by: G. Capo and L. Visone, lawyers)
      
         Defendant: European Commission (represented by: L. Armati, G. Conte and P.-J. Loewenthal, agents)
      
         Intervener in support of the applicant: Associazione Nazionale Autotrasporto Viaggiatori (ANAV) (Rome, Italy)(represented by: M. Malena, lawyer)
      
         Re:
      
      Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1075 of 19 January 2015 on State aid SA.35843 (2014/C) (ex 2012/NN) implemented by Italy — Additional public service compensation for Buonotourist (OJ 2015 L 179, p. 128)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Buonotourist Srl, in addition to bearing its own costs, to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Declares that the Associazione Nazionale Autotrasporto Viaggiatori (ANAV) is to bear its own costs.
               
            
         (1)  OJ C 190,8.6.2015.