CELEX: C2006/131/26
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-237/04: Judgment of the Court (Second Chamber) of  23 March 2006  (reference for a preliminary ruling from the Tribunale civile e penale di Cagliari) — Enirisorse SpA v Sotacarbo SpA (State aid — Articles 87 EC and 88 EC — Definition of aid — Shareholding of a public undertaking in the capital of a private undertaking — Right of withdrawal subject to a prior relinquishment of all claims over a company's assets)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/15
            
         Judgment of the Court (Second Chamber) of 23 March 2006 (reference for a preliminary ruling from the Tribunale civile e penale di Cagliari) — Enirisorse SpA v Sotacarbo SpA
   (Case C-237/04) (1)
   
   (State aid - Articles 87 EC and 88 EC - Definition of aid - Shareholding of a public undertaking in the capital of a private undertaking - Right of withdrawal subject to a prior relinquishment of all claims over a company's assets)
   (2006/C 131/26)
   Language of the case: Italian
   Referring court
   Tribunale civile e penale di Cagliari
   Parties to the main proceedings
   
      Applicant: Enirisorse SpA
   
      Defendant: Sotacarbo SpA
   Re:
   Reference for a preliminary ruling — Tribunale di Cagliari — Interpretation of Articles 87 and 88(3) EC — Meaning of State aid — Public undertaking holding shares in the capital of a private undertaking — Compatibility of national rules authorising such a shareholding with Articles 43 and 49 EC
   Operative part of the judgment
   National provisions such as those at issue in the main proceedings, whereby members of a company controlled by the State may, in derogation from the general law, withdraw from that company on condition that they relinquish all claims over that company's assets, are not liable to be considered to be State aid for the purposes of Article 87 EC.
   
      (1)  OJ C 201, 07.08.2004.