Order of the Court (Eighth Chamber) of 25 November 2008 – S.A.BA.R v Commission

(Case C‑501/07 P)

Appeal – Action for annulment – Time-limit for initiating proceedings – Starting point

Actions for annulment – Time-limits – Point from which time starts to run – Day on which a measure came to the knowledge of the applicant – Subsidiary matter (Art. 230, fifth para., EC; Council Regulation No 659/1999, Art. 26) (see paras 20-23)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 17 September 2007 in Case T‑176/07

S.A.BA.R.

v

Commission

by which that Court dismissed the application for annulment of the Commission decision of 5 June 2002 declaring incompatible with the common market the aid scheme (C‑27/99 ex NN 69/98) provided for under Italian legislation in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders S.A.BA.R. SpA to pay the costs.