CELEX: 62005TJ0362
Language: en
Date: 2008-12-02 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 2 December 2008.#Nuova Agricast Srl and Cofra Srl v Commission of the European Communities.#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.#Cases T-362/05 and T-363/05.

Judgment of the Court of First Instance (First Chamber) of 2 December 2008 – Nuova Agricast and Cofra v Commission
      (Cases T-362/05 and T-363/05)
      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
      1.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC) (see paras 54, 96-97)
      2.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals (Art. 288,
            second para., EC) (see para 76)
      3.                     State aid – General aid scheme approved by the Commission – Individual aid falling within the temporal scope of that scheme
            – Determination – Date of the legally binding measure requiring the competent national authority to grant the aid (Art. 87
            EC) (see paras 80-82)
      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
      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.