Judgment of the Court (Second Chamber) of 23 March 2006 (reference for a preliminary ruling from the Tribunale civile e penale di Cagliari) — Enirisorse SpA v Sotacarbo SpA

(Case C-237/04) (1)

(State aid - Articles 87 EC and 88 EC - Definition of aid - Shareholding of a public undertaking in the capital of a private undertaking - Right of withdrawal subject to a prior relinquishment of all claims over a company's assets)

(2006/C 131/26)

Language of the case: Italian

Referring court

Tribunale civile e penale di Cagliari

Parties to the main proceedings

Applicant: Enirisorse SpA

Defendant: Sotacarbo SpA

Re:

Reference for a preliminary ruling — Tribunale di Cagliari — Interpretation of Articles 87 and 88(3) EC — Meaning of State aid — Public undertaking holding shares in the capital of a private undertaking — Compatibility of national rules authorising such a shareholding with Articles 43 and 49 EC

Operative part of the judgment

National provisions such as those at issue in the main proceedings, whereby members of a company controlled by the State may, in derogation from the general law, withdraw from that company on condition that they relinquish all claims over that company's assets, are not liable to be considered to be State aid for the purposes of Article 87 EC.

(1)  OJ C 201, 07.08.2004.