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Document 62016TA0172

Case T-172/16: Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission (State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations)

OJ C 94, 12.3.2018, p. 19–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.3.2018   

EN

Official Journal of the European Union

C 94/19


Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission

(Case T-172/16) (1)

((State aid - Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy - Decision declaring the aid incompatible with the internal market and ordering its recovery - Action for annulment - Potential beneficiary as the holder of an acquired right - Direct and individual concern - Admissibility - Equal treatment - Legitimate expectations))

(2018/C 094/24)

Language of the case: Italian

Parties

Applicant: Centro Clinico e Diagnostico G.B. Morgagni Srl (Catania, Italy) (represented by: E. Castorina, lawyer)

Defendant: European Commission (represented by: P. Stancanelli and V. Bottka, acting as Agents)

Re:

Principally, an application seeking ‘an EU-law-compatible interpretation’ of Commission Decision (EU) 2016/195 of 14 August 2015 on State aid measures SA.33083 (12/C) (ex 12/NN) implemented by Italy providing for reduced taxes and contributions linked to natural disasters (all sectors except agriculture) and SA.35083 (12/C) (ex 12/NN), implemented by Italy providing for reduced taxes and contributions linked to the earthquake in Abruzzo in 2009 (all sectors except agriculture) (OJ 2016 L 43, p. 1) and, in the alternative, an application based on Article 263 TFEU seeking the annulment of that decision.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs.


(1)  OJ C 211, 13. 6. 2016.


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