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Joined Cases T-98/16, T 196/16 and T-198/16: Judgment of the General Court of 19 March 2019 — Italy and Others v Commission (State aid — Intervention by a consortium governed by private law of banks in favour of one of its members — Intervention authorised by the Central Bank of the Member State — Decision declaring the aid incompatible with the internal market — Action for annulment — Definition of State aid — Whether imputable to the State — State resources)

ECLI:EU:UNKNOWN:62016TA0098

62016TA0098

March 19, 2019
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Official Journal of the European Union

C 155/36

(Joined Cases T-98/16, T 196/16 and T-198/16) (*)

(State aid - Intervention by a consortium governed by private law of banks in favour of one of its members - Intervention authorised by the Central Bank of the Member State - Decision declaring the aid incompatible with the internal market - Action for annulment - Definition of State aid - Whether imputable to the State - State resources)

(2019/C 155/42)

Language of the case: Italian

Parties

Applicant in Case T-98/16: Italian Republic (represented by: G. Palmieir, Agent, S. Fiorentino and P. Gentili, avvocati dello Stato)

Applicant in Case T-196/16: Banca Popolare di Bari SCpA, formerly Tercas-Cassa di risparmio della provincia di Teramo SpA (Banca Tercas SpA) (Teramo, Italy) (represented by: A. Santa Maria, M. Crisostomo, E. Gambaro and F. Mazzocchi, lawyers)

Applicant in Case T-198/16: Fondo interbancario di tutela dei depositi (Rome, Italy) (represented by: M. Siragusa, G. Scassellati Sforzolini and G. Faella, lawyers)

Defendant: European Commission (represented by: P. Stancanelli, L, Flynn, A. Bouchagiar and D. Recchia, Agents,)

Intervener in support of the applicant in Cast T-198/16: Banca d’Italia (represented by: M. Perassi, O. Capolino. M. Marcucci and M. Todino, lawyers)

Re:

Application pursuant to Article 263 TFEU for annulment of Commission Decision (EU) 2016/1208 of 23 December 2015 on State aid SA.39451(2015/C) (ex 2015/NN) granted by Italy to the bank Tercas (OJ 2016 L 203 p. 1),

Operative part of the judgment

The Court:

1.Annuls Commission Decision (EU) 2016/1208 of 23 December 2015 on State aid SA.39451(2015/C) (ex 2015/NN) granted by Italy to the bank Tercas;

2.Orders the European Commission to pay the costs.

(*)

Language of the case: Italian

ECLI:EU:C:2019:140

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