CELEX: 62005TA0362
Language: en
Date: 2008-12-02 00:00:00
Title: Case T-362/05 and T-363/05: Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission (Non-contractual liability of the Community — Aid scheme provided for under Italian legislation — Scheme declared compatible with the common market — Transitional measure — Certain undertakings excluded — Principle of protection of legitimate expectations — Sufficiently serious breach of a rule of law conferring rights on individuals — None)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/24
            
         Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission
   (Case T-362/05 and T-363/05) (1)
   
   (Non-contractual liability of the Community - Aid scheme provided for under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Certain undertakings excluded - Principle of protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - None)
   (2009/C 19/44)
   Language of the case: Italian
   Parties
   
      Applicant: Nuova Agricast Srl (Cerignola, Italy) and Cofra Srl (Barletta, Italy) (represented by: M.A. Calabrese, lawyer)
   
      Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)
   Re:
   Action for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 — Italy (SG 2000 D/105754)) and as a result of the Commission's conduct during the procedure which preceded the adoption of that decision.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Joins Case T-362/05 and T-363/05 for the purposes of the judgment.
            
         
               2.
            
            
               Dismisses the actions.
            
         
               3.
            
            
               Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05.
            
         
               4.
            
            
               Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05.
            
         
      (1)  OJ C 296, 26.11.2005.