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Case T-362/05 and T-363/05: Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission (Non-contractual liability of the Community — Aid scheme provided for under Italian legislation — Scheme declared compatible with the common market — Transitional measure — Certain undertakings excluded — Principle of protection of legitimate expectations — Sufficiently serious breach of a rule of law conferring rights on individuals — None)
ECLI:EU:UNKNOWN:62005TA0362
62005TA0362
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Official Journal of the European Union
(Case T-362/05 and T-363/05)
(Non-contractual liability of the Community - Aid scheme provided for under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Certain undertakings excluded - Principle of protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - None)
(2009/C 19/44)
Language of the case: Italian
Parties
Applicant: Nuova Agricast Srl (Cerignola, Italy) and Cofra Srl (Barletta, Italy) (represented by: M.A. Calabrese, lawyer)
Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)
Re:
Action for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 — Italy (SG 2000 D/105754)) and as a result of the Commission's conduct during the procedure which preceded the adoption of that decision.
Operative part of the judgment
The Court:
1.Joins Case T-362/05 and T-363/05 for the purposes of the judgment.
2.Dismisses the actions.
3.Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05.
4.Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05.
* * *
(1) OJ C 296, 26.11.2005.