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Case T-379/09: Judgment of the General Court of 13 September 2012 — Italy v Commission (State aid — Exemption from excise duty on diesel used to heat glasshouses — Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid — Duty to state reasons — Selective nature — Effect on trade between Member States — Effect on competition — Directive 92/81/EEC — Directive 2003/96/EC — Community framework for State aid for the protection of the environment)

ECLI:EU:UNKNOWN:62009TA0379

62009TA0379

September 13, 2012
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Official Journal of the European Union

C 319/7

(Case T-379/09)(<span class="super">1</span>)

(State aid - Exemption from excise duty on diesel used to heat glasshouses - Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid - Duty to state reasons - Selective nature - Effect on trade between Member States - Effect on competition - Directive 92/81/EEC - Directive 2003/96/EC - Community framework for State aid for the protection of the environment)

2012/C 319/10

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: F. Arena, G. Palmieri and F. Varrone, avvocati dello Stato)

Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Re:

Application for annulment of Commission Decision 2009/944/EC of 13 July 2009 on State aid schemes C 6/04 (ex NN 70/01) and C 5/05 (ex NN 71/04) implemented by Italy in favour of glasshouse growers (exemption from excise duty on diesel used to heat glasshouses) (OJ 2009 L 327, p. 6).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 282, 21.11.2009.

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