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Case T-666/21: Judgment of the General Court of 25 January 2023 — Società Navigazione Siciliana v Commission (State aid — Maritime transport — Exemption in part from registration duties payable for the transfer of business between undertakings — Decision declaring the aid to be illegal and incompatible with the internal market and ordering its recovery — Advantage — Recipient of the aid — Service of general economic interest — Obligation to state reasons — Non-contractual liability — Excessive length of the procedure)
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62021TA0666
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13.3.2023
Official Journal of the European Union
C 94/34
(Case T-666/21) (<span class="oj-super oj-note-tag">1</span>)
(State aid - Maritime transport - Exemption in part from registration duties payable for the transfer of business between undertakings - Decision declaring the aid to be illegal and incompatible with the internal market and ordering its recovery - Advantage - Recipient of the aid - Service of general economic interest - Obligation to state reasons - Non-contractual liability - Excessive length of the procedure)
(2023/C 94/37)
Language of the case: Italian
Parties
Applicant: Società Navigazione Siciliana SCpA (Trapani, Italy) (represented by: R. Nazzini, F. Ruggeri Laderchi, C. Labruna and L. Calini, lawyers)
Defendant: European Commission (represented by: G. Braga da Cruz, C.-M. Carrega and D. Recchia, acting as Agents)
Re:
By its action, the applicant seeks, first, under Article 263 TFEU, the annulment in part of Commission Decision C(2021) 4268 final of 17 June 2021 on the measures SA.32014, SA.32015, SA.32016 (2011/C) (ex 2011/NN) implemented by Italy for Siremar and its acquirer Società Navigazione Siciliana, in so far as the Commission declared incompatible certain tax exemptions provided for by Law No 163 of 1 October 2010 converting Decree-Law No 125 of 5 August 2010 and ordered their recovery, and, secondly, under Article 268 TFEU, compensation for damage that the applicant claims to have suffered from the excessive and unreasonable length of the formal investigation procedure.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Società Navigazione Siciliana SCpA to pay the costs.
(<span class="oj-super">1</span>) OJ C 2, 3.1.2022.