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State aid – Measures on the part of the Italian authorities aimed at compensating for the damage caused by ovine catarrhal fever (blue tongue) – Guidelines concerning State aid in the agricultural sector
3. State aid – Investigation by the Commission – Investigation of an aid scheme taken in its entirety – Whether permissible – Choice made by the Commission in the exercise of its wide discretion to prohibit an aid scheme rather than to approve a scheme subject to the imposition of possible review measures to be taken by the national authorities in each specific case – Unlawful interference by the Commission in the review measures laid down under the national law governing the application of the aid scheme in question – None (see paras 59-61)
APPLICATION for the annulment of Commission Decision C(2004) 471 final of 16 March 2004 concerning the aid scheme which Italy is planning to implement in favour of processing and marketing cooperatives in order to compensate the damage caused by ovine catarrhal fever (blue tongue) (Article 5 of Law No 22 of the Region of Sardinia of 17 November 2000)
The Court:
Dismisses the application;
Orders the applicant to pay the costs.