22.11.2008

EN

Official Journal of the European Union

C 301/59

(Case T-453/08)

(2008/C 301/97)

Language of the case: Italian

Parties

Applicant: Timsas Srl (Arezzo, Italy) (represented by: D. Dodaro, S. Pinna and S. Cianciullo, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

—Annul the Decision in so far as it:

(a)states that ‘[t]he [S]tate aid granted in accordance with Regional Act No 9 of 1998, unlawfully put into effect by Italy in Resolution (deliberazione) No 33/6 and in the first call for applications, is incompatible with the common market unless the recipient of the aid submitted an application for aid under the scheme before starting work on an initial investment project’ (Article 1 of the Decision);

(b)orders that ‘[t]he Italian Republic shall recover the incompatible aid granted under the scheme referred to in Article 1 from the recipients’ (Article 2(1) of the Decision);

(c)orders that ‘[t]he Italian Republic shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this Decision’ (Article 2(4) of the Decision).

—Order the Commission to pay the costs of the present proceedings.

Pleas in law and main arguments

The contested decision in the present case is the same as that at issue in Case T-394/08 Regione Sardegna v Commission, Case T-408/08 S.F. Turistico Immobiliare v Council and Commission and Case T-436/08 Studio Vacanze v Commission.

The pleas in law and main arguments are similar to those put forward in those cases.