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Case T-491/17: Order of the General Court of 24 September 2019 –Opere Pie d’Onigo v Commission (Action for annulment — State aid — Aid scheme established by Italy for certain providers of socio-sanitary services — Costs associated with staff absences in respect of maternity and care provided to dependent family members — Contributions paid by the State to private undertakings — Decision not to raise any objections — No placement in an unfavourable competitive position — Lack of direct concern — Inadmissibility)

ECLI:EU:UNKNOWN:62017TB0491

62017TB0491

September 24, 2019
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16.12.2019

Official Journal of the European Union

C 423/50

(Case T-491/17) (<span class="super note-tag">1</span>)

(Action for annulment - State aid - Aid scheme established by Italy for certain providers of socio-sanitary services - Costs associated with staff absences in respect of maternity and care provided to dependent family members - Contributions paid by the State to private undertakings - Decision not to raise any objections - No placement in an unfavourable competitive position - Lack of direct concern - Inadmissibility)

(2019/C 423/63)

Language of the case: Italian

Parties

Applicant: Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ (Pederobba, Italy) (represented by: G. Maso, lawyer)

Defendant: European Commission (represented by: L. Armati and D. Recchia, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the Commission’s decision of 27 March 2017 not to raise objections to the aid scheme established by Italy for certain private providers of socio-sanitary services (State aid SA.38825 (2016/NN)) (OJ 2017 C 219, p. 1).

Operative part of the order

1.The action is dismissed as inadmissible.

2.There is no longer any need to rule on the applications for leave to intervene submitted by Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic.

3.Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ shall pay the costs.

4.Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic shall each to bear their own costs relating to the applications for leave to intervene.

(<span class="super note-tag">1</span>) OJ C 330, 2.10.2017.

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