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(Case T-305/13) (1)
((State aid - Export credit insurance - Reinsurance granted by a public undertaking to its subsidiary - Capital contributions to cover the subsidiary’s losses - Notion of State aid - Imputability to the State - Private investor test - Obligation to state reasons))
(2015/C 262/23)
Language of the case: Italian
Applicants: Servizi assicurativi del commercio estero SpA (SACE) (Rome, Italy); and Sace BT SpA (Rome) (represented by: M. Siragusa and G. Rizza, lawyers)
Defendant: European Commission (represented by: G. Conte, D. Grespan and K. Walkerová, acting as Agents)
Intervener in support of the applicants: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by S. Fiorentino, avvocato dello Stato)
Application for annulment of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A. (OJ 2014 L 239, p. 24).
The Court:
1.Annuls Article 2(2) of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A;
2.Dismisses the action as to the remainder;
3.Servizi assicurativi del commercio estero SpA (SACE) and Sace BT shall bear their own costs, including those relating to the interlocutory proceedings;
4.The European Commission shall bear its own costs, including those relating to the interlocutory proceedings;
5.The Italian Republic shall bear its own costs, including those relating to the interlocutory proceedings.
(1) OJ C 207, 20.7.2013.