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Case C-160/19 P: Judgment of the Court (Second Chamber) of 10 December 2020 — Comune di Milano v European Commission (Appeal — State aid — Air transport sector — Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports — Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services — Public shareholding of the operator — Decision declaring those State aid measures unlawful and incompatible with the internal market — Article 107(1) TFEU — Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ — Private operator principle — Private investor test — Burden of proof — Complex financial assessments — Intensity of judicial review — Distortion of the evidence)
ECLI:EU:UNKNOWN:62019CA0160
62019CA0160
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Valentina R., lawyer
8.2.2021
Official Journal of the European Union
C 44/6
(Case C-160/19 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - State aid - Air transport sector - Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports - Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services - Public shareholding of the operator - Decision declaring those State aid measures unlawful and incompatible with the internal market - Article 107(1) TFEU - Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ - Private operator principle - Private investor test - Burden of proof - Complex financial assessments - Intensity of judicial review - Distortion of the evidence)
(2021/C 44/06)
Language of the case: Italian
Parties
Appellant: Comune di Milano (represented by: A. Mandarano, E. Barbagiovanni, S. Grassani and L. Picciano, avvocati)
Other party to the proceedings: European Commission (represented by: D. Recchia, G. Conte and D. Grespan, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Comune di Milano to pay the costs.
(<span class="oj-super">1</span>) OJ C 131, 8.4.2019.