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Case T-88/09: Judgment of the General Court of 8 November 2011 — Idromacchine and Others v Commission (Non-contractual liability — State aid — Commission decision to initiate a formal investigation procedure — Information detrimental to a third-party company — Sufficiently serious breach of a rule of law conferring rights on individuals — Obligation of professional secrecy — Non-material damage — Material damage — Causal link — Default and compensatory interest)
ECLI:EU:UNKNOWN:62009TA0088
62009TA0088
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17.12.2011
Official Journal of the European Union
C 370/23
(Case T-88/09)(<span class="super">1</span>)
(Non-contractual liability - State aid - Commission decision to initiate a formal investigation procedure - Information detrimental to a third-party company - Sufficiently serious breach of a rule of law conferring rights on individuals - Obligation of professional secrecy - Non-material damage - Material damage - Causal link - Default and compensatory interest)
2011/C 370/37
Language of the case: Italian
Parties
Applicants: Idromacchine Srl (Porto Marghera, Italy); Alessandro Capuzzo (Mirano, Italy); and Roberto Capuzzo (Mogliano Veneto, Italy) (represented by: W. Viscardini and G. Donà, lawyers)
Defendant: European Commission (represented by: D. Grespan and E. Righini, acting as Agents, assisted by F. Ruggeri Laderchi, lawyer)
Re:
Action for damages for the loss allegedly suffered on account of the publication in the Official Journal of the European Union of false information adversely affecting inter alia the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004‘State aid — Italy — State aid N 586/2003, N 587/2003, N 589/2003 and C 48/2004 (ex N 595/2003) — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’
Operative part of the judgment
The Court:
1.Orders the European Commission to pay Idromacchine Srl damages of EUR 20 000 in respect of the non-material damage it has suffered;
2.Orders that the damages to be paid to Idromacchine be paid with compensatory interest, as from 18 February 2005 to the delivery of the present judgment, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;
3.Orders that the damages to be paid to Idromacchine be paid with default interest, as from the delivery of the present judgment to complete payment of those damages, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;
4.Dismisses the action as to the remainder;
5.Orders the Commission to bear its own costs and two thirds of the costs incurred by Idromacchine, Mr Alessandro Capuzzo and Mr Roberto Capuzzo, who are to bear a third of their own costs.
(<span class="super">1</span>) OJ C 102, 1.5.2009.