CELEX: 62009TA0379
Language: en
Date: 2012-09-13 00:00:00
Title: Case T-379/09: Judgment of the General Court of 13 September 2012 — Italy v Commission (State aid — Exemption from excise duty on diesel used to heat glasshouses — Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid — Duty to state reasons — Selective nature — Effect on trade between Member States — Effect on competition — Directive 92/81/EEC — Directive 2003/96/EC — Community framework for State aid for the protection of the environment)

20.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/7
            
         Judgment of the General Court of 13 September 2012 — Italy v Commission
   (Case T-379/09) (1)
   
   (State aid - Exemption from excise duty on diesel used to heat glasshouses - Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid - Duty to state reasons - Selective nature - Effect on trade between Member States - Effect on competition - Directive 92/81/EEC - Directive 2003/96/EC - Community framework for State aid for the protection of the environment)
   2012/C 319/10
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Italian Republic (represented by: F. Arena, G. Palmieri and F. Varrone, avvocati dello Stato)
   
      Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)
   
      Re:
   
   Application for annulment of Commission Decision 2009/944/EC of 13 July 2009 on State aid schemes C 6/04 (ex NN 70/01) and C 5/05 (ex NN 71/04) implemented by Italy in favour of glasshouse growers (exemption from excise duty on diesel used to heat glasshouses) (OJ 2009 L 327, p. 6).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 282, 21.11.2009.