12.4.2008

EN

Official Journal of the European Union

C 92/41

(Case T-64/08)

(2008/C 92/81)

Language of the case: Italian

Parties

Applicant: Nuova Terni Industrie Chimiche SpA (Milan, Italy) (represented by: T. Salonico, G. Pellegrino, G. Pellegrino, G, Barone, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—declare that the contested decision is unlawful and annul that decision in its entirety inasmuch as it regards as State aid the contested measure, which in fact constitutes a lawful continuation of the measure by which the Italian State granted compensation to Terni SpA (and its assignees) for the expropriation of its electricity plants which occurred in 1962-63;

—order the defendant to pay the costs of the proceedings;

—in the alternative, annul the decision insofar as it:

(a) states that Italy unlawfully paid State aid to ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche in breach of Article 88(3) of the EC Treaty;

(b) states that there are amounts to be recovered from ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche; and consequently

(c) orders Italy to recover those amounts plus interest without delay;

—in the further alternative, annul the contested decision insofar as it orders Italy to recover the State aid plus interest without delay, since that recovery infringes the general principle of the protection of legitimate expectations.

Pleas in law and main arguments

The pleas and main arguments are the same as those relied on in Case T-62/08 ThyssenKrupp v Commission.