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Judgment of the Court of First Instance (First Chamber) of 2 December 2008.#Nuova Agricast Srl and Cofra Srl v Commission of the European Communities.#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.#Cases T-362/05 and T-363/05.
ECLI:EU:T:2008:541
62005TJ0362
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(Cases 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
1. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC) (see paras 54, 96-97)
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
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.