Official Journal of the European Union

C 153/24

(Case C-140/09)

2009/C 153/44

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Fallimento Traghetti del Mediterraneo SpA — Curatore dott. Alberto Fontana

Defendant: Presidenza del Consiglio dei Ministri

Question referred

Is national legislation on State aid of the kind laid down in Law No 684/1974, in particular in Article 19 thereof, which provides for the possibility of the payment of State aid — albeit only on account — in the absence of agreements 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, compatible with the principles of Community law and, in particular, with the provisions laid down in Articles 86 EC, 87 EC and 88 EC and in Title V (formerly Title IV) of the Treaty and, in that regard, may importance be attached to the fact that the beneficiary is required to apply tariffs imposed by the administrative authority?