CELEX: 62012CB0034
Language: en
Date: 2013-09-03 00:00:00
Title: Case C-34/12 P: Order of the Court (Sixth Chamber) of 3 September 2013 — Idromacchine Srl, Alessandro Capuzzo, Roberto Capuzzo v European Commission (Appeal — Non-contractual liability of the European Union — Action for damages — Commission decision to initiate a formal investigation procedure — Prejudicial statements — Appeal in part manifestly inadmissible and in part manifestly unfounded)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/38
            
         Order of the Court (Sixth Chamber) of 3 September 2013 — Idromacchine Srl, Alessandro Capuzzo, Roberto Capuzzo v European Commission
   (Case C-34/12 P) (1)
   
   (Appeal - Non-contractual liability of the European Union - Action for damages - Commission decision to initiate a formal investigation procedure - Prejudicial statements - Appeal in part manifestly inadmissible and in part manifestly unfounded)
   2013/C 344/65
   Language of the case: Italian
   
      Parties
   
   
      Appellants: Idromacchine SpA, Alessandro Capuzzo, Roberto Capuzzo (represented by: W. Viscardini and G. Donà, avvocati)
   
      Other party to the proceedings: European Commission (represented by: D. Grespan, acting as Agent, assisted by F. Ruggeri Laderchi, avvocato)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 November 2011 in Case T-88/09 Idromacchine and Others v Commission, by which the General Court rejected in part an action for damages in respect of the harm allegedly suffered as the result of the publication in the Official Journal of the European Union of false information which, inter alia, adversely affected the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004, ‘State aid — Italy — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’ — Duty of care — Breach of the rights of the defence — Absence of grounds
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Idromacchine SpA, Alessandro Capuzzo and Roberto Capuzzo shall jointly and severally pay the costs.
            
         
      (1)  OJ C 89, 24.3.2012.