CELEX: 62009CA0140
Language: en
Date: 2010-06-10 00:00:00
Title: Case C-140/09: Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri (State aid — Subsidies paid to a maritime transport undertaking discharging public service obligations — National Law providing for the possibility of making payments on account prior to the approval of an agreement)

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/9
            
         Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri
   (Case C-140/09) (1)
   
   (State aid - Subsidies paid to a maritime transport undertaking discharging public service obligations - National Law providing for the possibility of making payments on account prior to the approval of an agreement)
   2010/C 209/12
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Genova
   
      Parties to the main proceedings
   
   
      Applicant: Fallimento Traghetti del Mediterraneo SpA
   
      Defendant: Presidenza del Consiglio dei Ministri
   
      Re:
   
   Reference for a preliminary ruling — Tribunale di Genova — State aid — Compatibility with Articles 86 to 88 EC of national legislation under which State aid can be paid to maritime transport undertakings responsible for the performance of public service contracts, in the absence of agreements between those undertakings and the administrative authorities and without the prior establishment of precise and stringent criteria capable of ensuring that payment of the aid cannot give rise to distortion of competition
   
      Operative part of the judgment
   
   Under European Union law subsidies paid in circumstances such as those in the main proceedings, pursuant to national legislation providing for payments on account prior to the approval of an agreement, constitute State aid if those subsidies are liable to affect trade between Member States and distort or threaten to distort competition, which it is for the national court to determine.
   
      (1)  OJ C 153, 4.7.2009.