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State aid – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Concept of advantage – Principle of the protection of legitimate expectations – Aid measure put into effect
3. EU Law – Principles – Rights of the defence – Whether applicable to administrative procedures initiated by the Commission – Examination of plans to grant aid – Scope (Art. 88(2) EC) (see para. 189)
5. State aid – Commission decision finding aid unlawful and ordering its recovery – Aid not yet paid (Art. 88(3) EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 239, 241, 250-251)
7. State aid – Commission decision not to raise objections to a national measure – Legitimate expectation of the beneficiary that an extension of the said measure is lawful – None (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 283-284, 288)
APPLICATION for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37).
The Court:
1.Dismisses the action;
2.Orders Nuova Terni Industrie Chimiche SpA to pay the costs.