CELEX: C2004/118/02
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 29 April 2004 in Case C-372/97: Italian Republic v Commission of the European Communities (State aid — Transport of goods by road — Effect on trade between Member States and distortion of competition — Conditions for exemption from the prohibition set out in Article 92(1) of the EC Treaty (now, following amendment, Article 87(1) EC) — Existing aid or new aid — Principles of reasonableness and of the protection of legitimate expectations — Mo)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/1
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 29 April 2004
   in Case C-372/97: Italian Republic v Commission of the European Communities (1)
   
   (State aid - Transport of goods by road - Effect on trade between Member States and distortion of competition - Conditions for exemption from the prohibition set out in Article 92(1) of the EC Treaty (now, following amendment, Article 87(1) EC) - Existing aid or new aid - Principles of reasonableness and of the protection of legitimate expectations - Mo)
   (2004/C 118/02)
   Language of the case: Italian
   In Case C-372/97: Italian Republic (Agents: I. M. Braguglia, assisted by O. Fiumara), with an address for service in Luxembourg, v Commission of the European Communities (Agents: P. Nemitz and P. Stancanelli, assisted by M. Moretto), with an address for service in Luxembourg — application for annulment in part of Commission Decision 98/182/EC of 30 July 1997 concerning aid granted by the Friuli-Venezia Giulia Region (Italy) to road haulage companies in the Region (OJ 1998 L 66, p. 18) — the Court (Sixth Chamber), composed of: V. Skouris, acting as President of the Sixth Chamber, J. N. Cunha Rodrigues, J.-P. Puissochet, R. Schintgen and F. Macken (Rapporteur), Judges; S. Alber, Advocate General; M.-F. Contet, Prinicple Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it:
   
               1.
            
            
               Held that there is no need to adjudicate on the form of order sought in the action for annulment of Articles 2 and 5 of Commission Decision 98/182/EC of 30 July 1997 concerning aid granted by the Friuli-Venezia Giulia Region (Italy) to road haulage companies in the Region, in so far as those articles declare that aid granted as from 1 July 1990 to undertakings carrying out exclusively local, regional or national haulage is illegal.
            
         
               2.
            
            
               Dismissed the remainder of the action.
            
         
               3.
            
            
               The Italian Republic and the Commission of the European Communities are to bear their own costs.
            
         
      (1)  OJ C 387, 20.12.1997.