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Case T-63/08: Judgment of the General Court of 1 July 2010 — Cementir Italia v Commission (State aid — 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 — Aid measure put into effect)

ECLI:EU:UNKNOWN:62008TA0063

62008TA0063

July 1, 2010
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14.8.2010

Official Journal of the European Union

C 221/37

(Case T-63/08) (<span class="super">1</span>)

(State aid - 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 - Aid measure put into effect)

2010/C 221/59

Language of the case: Italian

Parties

Applicant: Cementir Italia Srl (Rome, Italy) (represented by: T. Salonico, G. Pellegrino, G. Pellegrino and G. Barone, lawyers)

Defendant: European Commission (represented by: C. Giolito and G. Conte, agents)

Re:

Application for annulment of Decision 2008/408/EC of the Commission 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 of the judgment

The Court:

1.Dismisses the application.

2.Orders Cementir Italia Srl to pay the costs.

(<span class="super">1</span>) OJ C 92, 12.4.2008.

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