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Case C-452/10 P: Judgment of the Court (Second Chamber) of 21 June 2012 — BNP Paribas, Banca Nazionale del Lavoro SpA (BNL) v European Commission (Appeals — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity)
ECLI:EU:UNKNOWN:62010CA0452
62010CA0452
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18.8.2012
Official Journal of the European Union
C 250/2
(Case C-452/10 P) (<span class="super">1</span>)
(Appeals - State aid - Scheme for the realignment of the value of assets for tax purposes - Banking sector - Taxation of capital gains - Substitute tax - Selectivity)
2012/C 250/03
Language of the case: Italian
Parties
Appellants: BNP Paribas, Banca Nazionale del Lavoro SpA (BNL) (represented by: R. Silvestri, G. Escalar and M. Todino, avvocati)
Other party to the proceedings: European Commission (represented by: V. Di Bucci and D. Grespan, acting as Agents)
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 1 July 2010 in Case T-335/08 BNP Paribas and BNL v Commission, by which that Court dismissed an application for annulment of Commission Decision 2008/711/EC of 11 March 2008 on State aid C 15/07 (ex NN 20/07) implemented by Italy on the tax incentives in favour of certain restructured banks (OJ 2008 L 237, p. 70).
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union in Case T-335/08 BNP Paribas and BNL v Commission [2010] ECR II-3323 to the extent that it infringed Article 107(1) TFEU;
2.Dismisses the action brought by BNP Paribas and Banca Nazionale del Lavoro (BNL);
3.Orders BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) and the European Commission to bear their own costs;
4.Orders BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) to pay the costs incurred before the General Court of the European Union.
(<span class="super">1</span>) OJ C 317, 20.11.2010.