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Valentina R., lawyer
(Case T-186/15) (*)
((State aid - Undertaking operating networks of bus routes in the Regione Campania - Advantage - Service of general economic interest - Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance - Decision declaring the aid incompatible with the internal market - Existing aid and new aid - Regulation (EEC) No 1191/69 - Conditions for exemption from the requirement for notification - Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 - Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid - Force of res judicata of a judgment of a higher national court - Temporal application of the rules of substantive law - Legitimate expectations - Legal certainty))
(2018/C 301/32)
Language of the case: Italian
Applicant: CSTP Azienda delle Mobilità SpA (Salerno, Italy) (represented by: G. Capo and L. Visone, lawyers)
Defendants: European Commission (represented by: L. Armati, G. Conte and P.-J. Loewenthal, Agents)
Intervener in support of the applicant: Asstra Associazione Trasporti (Rome, Italy) (represented by: M. Malena, lawyer)
Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1074 of 19 January 2015 on State aid SA.35842 (2014/C) (ex 2012/NN) implemented by Italy — Additional public service compensation for CSTP (OJ 2015 L 179, p. 112).
The Court:
1.Dismisses the action;
2.Orders CSTP Azienda delle Mobilità SpA, in addition to bearing its own costs, to pay those incurred by the European Commission;
3.Declares that Asstra Associazione Trasporti is to bear its own costs.
(*)
Language of the case: Italian.
ECLI:EU:C:2018:140
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(*) Language of the case: Italian.