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Judgment of the General Court (Fifth Chamber) of 1 July 2010. # Cementir Italia Srl v European 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. # Case T-63/08.
ECLI:EU:T:2010:269
62008TJ0063
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(Case T-63/08)
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
4. State aid – Planned aid – Notification to the Commission – Scope of the obligation – Need to notify the aid measures at the draft stage (Art. 88(3) EC; Council Regulation No 659/1999, Arts 2 and 3) (see paras 228-230, 234-236)
5. State aid – Commission decision finding aid unlawful and ordering its recovery – Aid not yet paid (Art. 88(3) EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 239, 241, 250-251)
7. State aid – Commission decision not to raise objections to a national measure – Legitimate expectation of the beneficiary that an extension of the said measure is lawful – None (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 283-284, 288)
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
The Court:
1.Dismisses the action;
2.Orders Cementir Italia Srl to pay the costs.