CELEX: 62019CA0160
Language: en
Date: 2020-12-10 00:00:00
Title: Case C-160/19 P: Judgment of the Court (Second Chamber) of 10 December 2020 — Comune di Milano v European Commission (Appeal — State aid — Air transport sector — Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports — Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services — Public shareholding of the operator — Decision declaring those State aid measures unlawful and incompatible with the internal market — Article 107(1) TFEU — Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ — Private operator principle — Private investor test — Burden of proof — Complex financial assessments — Intensity of judicial review — Distortion of the evidence)

8.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/6
            
         
      Judgment of the Court (Second Chamber) of 10 December 2020 — Comune di Milano v European Commission
      (Case C-160/19 P) (1)
      
      (Appeal - State aid - Air transport sector - Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports - Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services - Public shareholding of the operator - Decision declaring those State aid measures unlawful and incompatible with the internal market - Article 107(1) TFEU - Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ - Private operator principle - Private investor test - Burden of proof - Complex financial assessments - Intensity of judicial review - Distortion of the evidence)
      (2021/C 44/06)
      Language of the case: Italian
      
         Parties
      
      
         Appellant: Comune di Milano (represented by: A. Mandarano, E. Barbagiovanni, S. Grassani and L. Picciano, avvocati)
      
         Other party to the proceedings: European Commission (represented by: D. Recchia, G. Conte and D. Grespan, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the appeal;
               
            
                  2.
               
               
                  Orders the Comune di Milano to pay the costs.
               
            
         (1)  OJ C 131, 8.4.2019.