This document is an excerpt from the EUR-Lex website
Document 62009CA0140
Case C-140/09: Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri (State aid — Subsidies paid to a maritime transport undertaking discharging public service obligations — National Law providing for the possibility of making payments on account prior to the approval of an agreement)
Case C-140/09: Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri (State aid — Subsidies paid to a maritime transport undertaking discharging public service obligations — National Law providing for the possibility of making payments on account prior to the approval of an agreement)
Case C-140/09: Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri (State aid — Subsidies paid to a maritime transport undertaking discharging public service obligations — National Law providing for the possibility of making payments on account prior to the approval of an agreement)
OJ C 209, 31.7.2010, p. 9–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 10/06/2010
- Date lodged:
- 17/04/2010
- Author:
- Court of Justice
- Form:
- Judicial information
|
31.7.2010 |
EN |
Official Journal of the European Union |
C 209/9 |
Judgment of the Court (Fourth Chamber) of 10 June 2010 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri
(Case C-140/09) (1)
(State aid - Subsidies paid to a maritime transport undertaking discharging public service obligations - National Law providing for the possibility of making payments on account prior to the approval of an agreement)
2010/C 209/12
Language of the case: Italian
Referring court
Tribunale di Genova
Parties to the main proceedings
Applicant: Fallimento Traghetti del Mediterraneo SpA
Defendant: Presidenza del Consiglio dei Ministri
Re:
Reference for a preliminary ruling — Tribunale di Genova — State aid — Compatibility with Articles 86 to 88 EC of national legislation under which State aid can be paid to maritime transport undertakings responsible for the performance of public service contracts, in the absence of agreements between those undertakings and the administrative authorities and without the prior establishment of precise and stringent criteria capable of ensuring that payment of the aid cannot give rise to distortion of competition
Operative part of the judgment
Under European Union law subsidies paid in circumstances such as those in the main proceedings, pursuant to national legislation providing for payments on account prior to the approval of an agreement, constitute State aid if those subsidies are liable to affect trade between Member States and distort or threaten to distort competition, which it is for the national court to determine.
