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Case T-172/16: Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission (State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations)
ECLI:EU:UNKNOWN:62016TA0172
62016TA0172
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12.3.2018
Official Journal of the European Union
C 94/19
(Case T-172/16) (<span class="super note-tag">1</span>)
((State aid - Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy - Decision declaring the aid incompatible with the internal market and ordering its recovery - Action for annulment - Potential beneficiary as the holder of an acquired right - Direct and individual concern - Admissibility - Equal treatment - Legitimate expectations))
(2018/C 094/24)
Language of the case: Italian
Parties
Applicant: Centro Clinico e Diagnostico G.B. Morgagni Srl (Catania, Italy) (represented by: E. Castorina, lawyer)
Defendant: European Commission (represented by: P. Stancanelli and V. Bottka, acting as Agents)
Re:
Principally, an application seeking ‘an EU-law-compatible interpretation’ of Commission Decision (EU) 2016/195 of 14 August 2015 on State aid measures SA.33083 (12/C) (ex 12/NN) implemented by Italy providing for reduced taxes and contributions linked to natural disasters (all sectors except agriculture) and SA.35083 (12/C) (ex 12/NN), implemented by Italy providing for reduced taxes and contributions linked to the earthquake in Abruzzo in 2009 (all sectors except agriculture) (OJ 2016 L 43, p. 1) and, in the alternative, an application based on Article 263 TFEU seeking the annulment of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs.
(<span class="note">1</span>) OJ C 211, 13. 6. 2016.