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Judgment of the Court of First Instance (Seventh Chamber) of 4 March 2009. # Tirrenia di Navigazione SpA (T-265/04), Caremar SpA and Others (T-292/04) and Navigazione Libera del Golfo SpA (T-504/04) v Commission of the European Communities. # State aid - Maritime transport - Subsidies paid by the Italian authorities to regional undertakings - Decision declaring the aid in part compatible and in part incompatible with the common market - Action for annulment - Admissibility - Legal interest in bringing proceedings - New or existing aid - Duty to state reasons - Article 4(3) of Regulation (EEC) No 3577/92. # Joined cases T-265/04, T-292/04 and T-504/04.
ECLI:EU:T:2009:48
62004TJ0265
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(Joined Cases T-265/04, T-292/04 and T-504/04)
State aid – Maritime transport – Subsidies paid by the Italian authorities to regional undertakings – Decision declaring the aid in part compatible and in part incompatible with the common market – Action for annulment – Admissibility – Legal interest in bringing proceedings – New or existing aid – Duty to state reasons – Article 4(3) of Regulation (EEC) No 3577/92
1. Actions for annulment – Interest in bringing proceedings – Action by the recipient of State aid against a Commission decision declaring it compatible with the common market (Arts 230 EC, fourth para., and 233 EC) (see paras 63-72)
Re:
APPLICATIONS for annulment in part of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29).
Operative part
The Court:
1. In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group);