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27.8.2018 |
EN |
Official Journal of the European Union |
C 301/24 |
Judgment of the General Court of 11 July 2018 — Buonotourist v Commission
(Case T-185/15) (1)
((State aid - Undertaking operating networks of bus routes in the Regione Campania - Advantage - Service of general economic interest - Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance - Decision declaring the aid incompatible with the internal market - Existing aid and new aid - Regulation (EEC) No 1191/69 - Conditions for exemption from the requirement for notification - Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 - Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid - Force of res judicata of a judgment of a higher national court - Temporal application of the rules of substantive law - Legitimate expectations - Legal certainty))
(2018/C 301/31)
Language of the case: Italian
Parties
Applicant: Buonotourist Srl (Castel San Giorgio, Italy) (represented by: G. Capo and L. Visone, lawyers)
Defendant: European Commission (represented by: L. Armati, G. Conte and P.-J. Loewenthal, agents)
Intervener in support of the applicant: Associazione Nazionale Autotrasporto Viaggiatori (ANAV) (Rome, Italy)(represented by: M. Malena, lawyer)
Re:
Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1075 of 19 January 2015 on State aid SA.35843 (2014/C) (ex 2012/NN) implemented by Italy — Additional public service compensation for Buonotourist (OJ 2015 L 179, p. 128)
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Buonotourist Srl, in addition to bearing its own costs, to pay those incurred by the European Commission; |
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3. |
Declares that the Associazione Nazionale Autotrasporto Viaggiatori (ANAV) is to bear its own costs. |