1. 

State aid—Definition—Aid granted to a public undertaking—Undertaking controlled by the State—Imputability to the State of the aid measure—Included—Set of indicators to be taken into consideration

(Art. 107(1) TFEU)

(see paras 29, 34-37, 40-42, 52, 53)

2. 

Appeal—Grounds—Mistaken assessment of the facts—Inadmissibility—Review by the Court of Justice of the assessment of the facts put before the General Court—Possible only where the clear sense of the evidence has been distorted

(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))

(see paras 56-58, 91-93, 111)

3. 

State aid—Commission decision—Assessment of the legality by reference to the information available at the time of adoption of the decision

(Art. 108 TFEU)

(see para. 76)

4. 

State aid—Definition—Assessment according to the criterion of the private investor—Assessment of all factors relevant to the transaction at issue and its context—Obligation of the Member State to provide objective and verifiable evidence showing the economic character of its activity

(Art. 107(1) TFEU)

(see para. 107)

1. 

Dismisses the appeal;

2. 

Orders Servizi assicurativi del commercio estero SpA (SACE) and Sace BT SpA to bear their own costs and to pay those incurred by the European Commission in the appeal;

3. 

Orders the Italian Republic to bear its own costs.