Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding

3. State aid — Planned aid — Examination by the Commission — Application of the rules of substantive law in force when the Commission took its decision (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5) (see paras 51-53)

5. State aid — Commission decision finding a national measure compatible with Article 87(1) EC — No legitimate expectations in the case of alteration to the aid scheme going beyond the bounds of the authorisation decision (Art. 87(1) EC) (see paras 85-87)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T‑584/08 Cantieri Navale De Poli v Commission, by which the Court dismissed the action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C‑20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50).

Operative part

1.The appeal is dismissed.

2.Cantiere navale De Poli SpA is ordered to pay the costs.

3.The Italian Republic is ordered to bear its own costs.