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Judgment of the General Court (Second Chamber) of 20 October 2011. # Eridania Sadam SpA v European Commission. # State aid - Measures by the Italian authorities aimed at compensating for the losses suffered by the sugar refinery Villasor (Italy) following a drought - Decision declaring the aid incompatible with the common market - Obligation to state reasons - Guidelines for State aid in the agricultural sector. # Case T-579/08.
ECLI:EU:T:2011:608
62008TJ0579
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(Case T-579/08)
State aid – Measures by the Italian authorities aimed at compensating for the losses suffered by the sugar refinery Villasor (Italy) following a drought – Decision declaring the aid incompatible with the common market – Duty to state reasons – Guidelines for State aid in the agricultural sector
3. Actions for annulment – Action brought against a Commission decision declaring State aid incompatible with the common market – Plea claiming error of legal basis having no effect on the legality of the contested decision – Invalid plea in law (see paras 49-53)
4. State aid – Prohibition – Exceptions – Economic disadvantages caused directly by natural disasters or exceptional occurrences – Guidelines for State aid in the agricultural sector – Aid aimed at compensating for losses in agricultural production or means of agricultural production – Scope (Art. 87(2)(b) EC; Commission Notice 2000/C 28/02) (see paras 58, 61-71)
Re:
APPLICATION for annulment of Commission Decision 2009/704/EC of 16 July 2008 relating to State aid C 29/2004 (ex N 328/2003) that Italy is considering granting to the Villasor sugar refinery owned by Sadam ISZ (OJ 2009 L 244, p. 10).
Operative part
The Court:
1.Dismisses the action;
2.Orders Eridania SpA to bear its own costs and to pay those incurred by the European Commission.