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Case C-67/09 P: Judgment of the Court (First Chamber) of 14 October 2010 — Nuova Agricast Srl, Cofra Srl v European Commission (Appeal — State aid — Aid scheme for investment in the less-favoured regions of Italy — Commission decision declaring that scheme compatible with the common market — Actions for damages in respect of the losses allegedly suffered as a result of the adoption of that decision — Transitional measures between that scheme and the previous scheme — Temporal scope of application of the Commission’s decision not to object to the previous scheme — Principles of legal certainty, protection of legitimate expectations and equal treatment)

ECLI:EU:UNKNOWN:62009CA0067

62009CA0067

October 14, 2010
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18.12.2010

Official Journal of the European Union

C 346/11

(Case C-67/09 P) (<span class="super">1</span>)

(Appeal - State aid - Aid scheme for investment in the less-favoured regions of Italy - Commission decision declaring that scheme compatible with the common market - Actions for damages in respect of the losses allegedly suffered as a result of the adoption of that decision - Transitional measures between that scheme and the previous scheme - Temporal scope of application of the Commission’s decision not to object to the previous scheme - Principles of legal certainty, protection of legitimate expectations and equal treatment)

2010/C 346/17

Language of the case: Italian

Parties

Appellant: Nuova Agricast Srl, Cofra Srl (represented by: A. Calabrese, avvocato)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and E. Righini, Agents)

Re:

Appeal against the judgment delivered by the Court of First Instance (First Chamber) on 2 December 2008 in Cases T-362/05 and T-363/05 Nuova Agricast v Commission by which the Court of First Instance rejected the claims for damages for the loss allegedly suffered by the appellants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 — Italy (SG 2000 D/105754)) and as a result of the Commission’s conduct during the procedure which preceded the adoption of that decision.

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Nuova Agricast Srl and Cofra Srl to pay the costs.

(<span class="super">1</span>) OJ C 90, 18.4.2009.

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