31.7.2010

Official Journal of the European Union

C 209/9

(Case C-140/09) (<span class="super">1</span>)

(State aid - Subsidies paid to a maritime transport undertaking discharging public service obligations - National Law providing for the possibility of making payments on account prior to the approval of an agreement)

2010/C 209/12

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Fallimento Traghetti del Mediterraneo SpA

Defendant: Presidenza del Consiglio dei Ministri

Re:

Reference for a preliminary ruling — Tribunale di Genova — State aid — Compatibility with Articles 86 to 88 EC of national legislation under which State aid can be paid to maritime transport undertakings responsible for the performance of public service contracts, in the absence of agreements between those undertakings and the administrative authorities and without the prior establishment of precise and stringent criteria capable of ensuring that payment of the aid cannot give rise to distortion of competition

Operative part of the judgment

Under European Union law subsidies paid in circumstances such as those in the main proceedings, pursuant to national legislation providing for payments on account prior to the approval of an agreement, constitute State aid if those subsidies are liable to affect trade between Member States and distort or threaten to distort competition, which it is for the national court to determine.

*

Language of the case: Italian.

ECLI:EU:C:2010:140

2010/C 209/12