Action brought on 15 October 2021 — Società Navigazione Siciliana v Commission

(Case T-666/21)

(2022/C 2/57)

Language of the case: Italian

Parties

Applicant: Società Navigazione Siciliana SCpA (Trapani, Italy) (represented by: R. Nazzini, F. Ruggeri Laderchi, C. Labruna and L. Calini, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—	annul in part the decision of 17 June 2021 in so far as it found that Società Navigazione Siciliana SCpA was the beneficiary of unlawful aid resulting from the tax exemptions provided for by the 2010 law and ordered the recovery of that aid by the Italian State;

—	order the Commission to pay compensation for the damage as calculated and to be calculated at a later (and possible) stage of the proceedings;

—	order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant raises two pleas in law.

First plea in law, alleging incorrect identification of the beneficiary of the aid –Infringement of law

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The applicant claims in that regard that the decision of 17 June 2021 is vitiated by a manifest error of interpretation and application of EU legislation in so far as the Commission found that Società Navigazione Siciliana SCpA (not Siremar) was the beneficiary of the aid considered incompatible with EU legislation relating to the payment of stamp duty for the purchase of the Siremar business branch.

Second plea in law, alleging compatibility of the aid with the derogation provided for by Article 106(2) TFEU — Infringement of law — Infringement of the obligation to state reasons

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The applicant claims in that regard that the decision of 17 June 2021 is, in any event, vitiated by a manifest error of interpretation and application of EU legislation and by the infringement of the defendant’s obligation to state reasons, in so far as the Commission — without carrying out any examination in that regard — ruled out the compatibility of the aid in favour of Società Navigazione Siciliana SCpA with the derogation provided for by Article 106(2) TFEU for services of general economic interest (SGEIs).