CELEX: 62007CO0500
Language: en
Date: 2008-11-25 00:00:00
Title: Order of the Court (Eighth Chamber) of 25 November 2008. # Territorio Energia Ambiente SpA (TEA) v Commission of the European Communities. # Appeal - Action for annulment - Time-limit for bringing proceedings - Starting point - Action seeking a ruling from the Court of First Instance on the personal scope of a Commission decision - Manifest lack of jurisdiction. # Case C-500/07 P.

Order of the Court (Eighth Chamber) of 25 November 2008 – TEA v Commission
      (Case C‑500/07 P)
      Appeal – Action for annulment – Time-limit for bringing proceedings – Starting point – Action seeking a ruling from the Court of First Instance on the personal scope of a Commission decision – Manifest lack of jurisdiction
      1.                     Actions for annulment – Time-limits – Point from which time starts to run –Publication or notification (Art. 230, fifth para.,
            EC) (see paras 21-23)
      2.                     Procedure – Application by a natural or legal person for a declaration relating to the scope ratione personae of a Commission
            decision – Lack of jurisdiction of the Community judicature (Art. 230 et seq. EC) (see paras 32‑33)
      Re: 
      
         Appeal against the order made by the Court of First Instance (Fourth Chamber) on 17 September 2007 in Case T‑175/07 
               Territorio Energia Ambiente SpA
                v 
               Commission 
               by which that Court dismissed an application for a ruling that Commission Decision 2003/193/EC of 5 June 2002 on State aid
                  granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding
                  (OJ 2003 L 77, p. 21), did not apply to the appellant and, in the alternative, that the appellant did not benefit from any
                  unlawful aid, and for the consequential annulment, in so far as necessary, of that decision.
               
            Operative part 
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Territorio Energia Ambiente SpA (TEA) to pay the costs.