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Joined Cases T-265/04, T-292/04 and T-504/04: Judgment of the Court of First Instance of 4 March 2009 — Tirrenia di Navigazione and Others v Commission (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)
ECLI:EU:UNKNOWN:62004TA0265
62004TA0265
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18.4.2009
Official Journal of the European Union
C 90/22
(Joined Cases T-265/04, T-292/04 and T-504/04) (1)
(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)
2009/C 90/33
Language of the case: Italian
Parties
Applicants in Case T-265/04: Tirrenia di Navigazione SpA, formerly Tirrenia di Navigazione SpA and Adriatica di Navigazione SpA, (Naples, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)
Applicants in Case T-292/04: Caremar SpA; Toremar SpA (Leghorn (Livorno), Italy); Siremar SpA (Palermo, Italy); and Saremar SpA (Cagliari, Italy) (represented by: G. Roberti, A. Franchi and G. Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers)
Applicant in Case T-504/04: Navigazione Libera del Golfo SpA (Naples, Italy) (represented by: S. Ravenna and A. Abate, lawyers)
Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)
Interveners in support of the defendant: Caremar SpA (represented by: G. Roberti, A. Franchi and G.Belletti, initially, and G. Roberti and G. Belletti, subsequently, lawyers) and the Italian Republic (represented by: M. Fiorilli, Agent)
Re:
Annulment in part of the Commission Decision No 2005/163/EC of 16 March 2004 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia) (OJ 2005 L 53, p. 29).
Operative part of the judgment
The Court:
1.In Cases T-265/04 and T-292/04, annuls Commission Decision No 2005/163/EC of 16 March 2004 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia);
2.In Case T-504/04, declares that the action has become devoid of purpose;
3.In Case T-265/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA;
4.In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA;
5.In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs.
(1) OJ C 239, 25.9.2004.