Judgment of the Court of First Instance (Second Chamber) of 14 December 2005 − Regione autonoma della Sardegna v Commission

(Case T-200/04)

State aid – Measures on the part of the Italian authorities aimed at compensating for the damage caused by ovine catarrhal fever (blue tongue) – Guidelines concerning State aid in the agricultural sector

1.                     State aid – Prohibitions – Exceptions – Aid to compensate for damage to agricultural production – Aid benefiting undertakings or activities in the processing sector and intended to compensate for damage caused by animal disease – Aid benefiting cheese-producing cooperatives – Excluded (Commission Communication 2000/C 28/02, para. 11) (see paras 46-49)

2.                     State aid – Investigation by the Commission – No observations from interested parties – No effect on the validity of the Commission’s decision – Obligation to consider of its own motion information which has not been expressly invoked – No such obligation (Art. 88(2) EC) (see paras 50-58, 70)

3.                     State aid – Investigation by the Commission – Investigation of an aid scheme taken in its entirety – Whether permissible – Choice made by the Commission in the exercise of its wide discretion to prohibit an aid scheme rather than to approve a scheme subject to the imposition of possible review measures to be taken by the national authorities in each specific case – Unlawful interference by the Commission in the review measures laid down under the national law governing the application of the aid scheme in question – None (see paras 59-61)

4.                     State aid – Commission decision finding non-notified aid to be incompatible with the common market – Duty to state reasons – Information required (Art. 253 EC) (see paras 63-64)

Re:

Operative part

The Court: