This document is an excerpt from the EUR-Lex website
Document 62016TJ0172
Judgment of the General Court (Fifth Chamber) of 26 January 2018.
Centro Clinico e Diagnostico G. B. Morgagni Srl v European 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.
Case T-172/16.
Judgment of the General Court (Fifth Chamber) of 26 January 2018.
Centro Clinico e Diagnostico G. B. Morgagni Srl v European 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.
Case T-172/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Fifth Chamber) of 26 January 2018 –
Centro Clinico e Diagnostico G. B. Morgagni v Commission
(Case T‑172/16)
(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)
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Actions for annulment—Jurisdiction of the EU judicature—Form of order seeking to obtain an EU-law compatible interpretation of a Union measure—Inadmissibility (Art. 256(1) and (3) TFEU; Commission Decision 2016/195, Art. 4(5)) (see paras 37-39) |
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Actions for annulment—Natural or legal persons—Measures of direct and individual concern to them—Whether directly concerned—Criteria (Art. 263, fourth para., TFEU) (see para. 57) |
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Actions for annulment—Natural or legal persons—Measures of direct and individual concern to them—Person individually affected by a measure general in character—Conditions—Commission decision prohibiting a sectoral aid scheme—Action brought by an undertaking which did not receive individual aid granted under the scheme but having an acquired right to benefit from the measure at issue—Admissibility (Art. 263, fourth para., TFEU) (see paras 62-66, 71, 74-79) |
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EU law—Principles—Equal treatment—Meaning—Limits (see para. 106) |
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
The Court:
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Dismisses the action; |
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Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs. |