CJEC, 4th chamber, May 8, 2008, No C-49/05 P

Judgment of the Court (Fourth Chamber) of 8 May 2008 — Ferriere Nord SpA v Commission of the European Communities, Italian Republic

(Case C-49/05 P) (1)

(Appeal - State aid - Formal examination procedure - Community framework for State aid for environmental protection - Rights of the parties - Application to submit observations - Article 88(2) EC - Regulation (EC) No 659/1999 - Legitimate expectations - Legal certainty - Environmental purpose of the investment)

(2008/C 158/02)

Language of the case: Italian

Parties

Appellant: Ferriere Nord SpA (represented by: W. Viscardini, G. Donà, avvocati)

Other parties to the proceedings: Commission of the European Communities (represented by: V. Di Bucci, acting as Agent); Italian Republic (represented by: I. Braguglia, Agent, and M. Fiorilli, avvocato dello Stato)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 18 November 2004 in Case T-176/01 Ferriere Nord v Commission, dismissing an application for, on the one hand, annulment of Commission Decision 2001/829/EC, ECSC of 28 March 2001 Commission Decision of 28 March 2001 on the State aid which Italy is planning to grant to Ferriere Nord SpA (OJ 2001 L 310, p. 22), declaring incompatible with the common market aid notified as environmental aid which the autonomous Region of Friuli-Venezia Giulia (Italy) is planning to grant to the applicant in the form of a financial contribution to investments in new plant for the production of electrowelded wire mesh to reduce noise and eliminate waste in the form of iron oxide, and, on the other, compensation for the harm allegedly suffered by the applicant following adoption of that decision

Operative part of the judgment

The Court:

(1)  OJ C 82, 2.4.2005.