CELEX: 62008TJ0064
Language: en
Date: 2010-07-01
Title: Judgment of the General Court (Fifth Chamber) of 1 July 2010. # Nuova Terni Industrie Chimiche SpA v European Commission. # State aid - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Aid measure put into effect. # Case T-64/08.

Judgment of the General Court (Fifth Chamber) of 1 July 2010 – Nuova Terni Industrie Chimiche v Commission
      (Case T-64/08)
      State aid – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Concept of advantage – Principle of the protection of legitimate expectations – Aid measure put into effect
      1.                     State aid – Concept – Compensation awarded for expropriation of assets – Not included (Art. 87(1) EC) (see paras 57, 60, 63,
            72, 74, 99, 101)
      2.                     State aid – Examination by the Commission – Administrative procedure – Obligation on the Commission to put the parties concerned
            on notice to submit their observations – Right of the aid beneficiary to be sufficiently associated with the proceedings –
            Limits (Art. 88(2) EC) (see paras 161-163, 166-168)
      3.                     EU Law – Principles – Rights of the defence – Whether applicable to administrative procedures initiated by the Commission
            – Examination of plans to grant aid – Scope (Art. 88(2) EC) (see para. 189)
      4.                     State aid – Planned aid – Notification to the Commission – Scope of the obligation – Need to notify aid measures at the draft
            stage (Art. 88(3) EC; Council Regulation No 659/1999, Arts 2 and 3) (see paras 228-230, 234-236)
      5.                     State aid – Commission decision finding aid unlawful and ordering its recovery – Aid not yet paid (Art. 88(3) EC; Council
            Regulation No 659/1999, Art. 14(1)) (see paras 239, 241, 250-251)
      6.                     State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 88 EC – Possible legitimate
            expectation on the part of the beneficiaries – Protection – Conditions and limits (Art. 88 EC; Council Regulation No 659/1999,
            Art. 14(1)) (see paras 269-271, 275-276)
      7.                     State aid – Commission decision not to raise objections to a national measure – Legitimate expectation of the beneficiary
            that an extension of the said measure is lawful – None (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras
            283-284, 288)
      Re:
      
         
               APPLICATION for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06)
                  implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Nuova Terni Industrie Chimiche SpA to pay the costs.