CELEX: 62010CO0448
Language: en
Date: 2011-10-06 00:00:00
Title: Order of the Court (Sixth Chamber) of 6 October 2011. # ThyssenKrupp Acciai Speciali Terni SpA (C-448/10 P), Cementir Italia Srl (C-449/10 P) and Nuova Terni Industrie Chimiche SpA (C-450/10 P) v European Commission. # Appeal - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Interpretation of national law - Distortion - Concept - Appeal manifestly inadmissible and manifestly unfounded. # Joined cases C-448/10 P to C-450/10 P.

Order of the Court (Sixth Chamber) of 6 October 2011 – ThyssenKrupp Acciai Speciali Terni and Others v Commission
      (Joined Cases C-448/10 P to C-450/10 P)
      Appeal – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Notion of advantage – Principle of the protection of legitimate expectations – Interpretation of national law – Distortion – Definition – Appeal manifestly inadmissible and manifestly unfounded
      1.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts
            and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court
            of Justice, Art. 58, first para.) (see paras 32, 34, 46)
      2.                     Appeals – Grounds – Distortion of the sense of the national law relied on as evidence – Admissibility (see para. 33)
      3.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied
            on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure
            of the Court of Justice, Art. 112(1), first para., (c)) (see paras 62, 66-67)
      Re: 
      
         Appeal brought against the judgments of the General Court (Fifth Chamber) of 1 July 2010 in Case T-62/08 
               ThyssenKrupp Acciai Speciali Terni
                v 
               Commission
               , Case T‑63/08 
               Cementir Italia 
               v 
               Commission
               , and Case T‑64/08 
               Nuova Terni Industrie Chimiche
                v 
               Commission 
               by which that court dismissed the applications for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the
                  State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche
                  (OJ 2008 L 144, p. 37).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeals are dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	ThyssenKrupp Acciai Speciali Terni SpA, Cementir Italia Srl and Nuova Terni Industrie Chimiche SpA are ordered to pay the
                     costs.