GC, 5th chamber, July 1, 2010, No T-63/08

Judgment of the General Court (Fifth Chamber) of 1 July 2010 – Cementir Italia v Commission

(Case T-63/08)

State aid – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Concept of advantage – Principle of the protection of legitimate expectations – Aid measure put into effect

1.                     State aid – Concept – Compensation awarded for expropriation of assets – Not included (Art. 87(1) EC) (see paras 57, 60, 63, 72, 74, 99, 101)

2.                     State aid – Examination by the Commission – Administrative procedure – Obligation on the Commission to put the parties concerned on notice to submit their observations – Right of the aid beneficiary to be sufficiently associated with the proceedings – Limits (Art. 88(2) EC) (see paras 161-163, 166-168)

3.                     EU Law – Principles – Rights of the defence – Whether applicable to administrative procedures initiated by the Commission – Examination of plans to grant aid – Scope (Art. 88(2) EC) (see para. 189)

4.                     State aid – Planned aid – Notification to the Commission – Scope of the obligation – Need to notify the aid measures at the draft stage (Art. 88(3) EC; Council Regulation No 659/1999, Arts 2 and 3) (see paras 228-230, 234-236)

5.                     State aid – Commission decision finding aid unlawful and ordering its recovery – Aid not yet paid (Art. 88(3) EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 239, 241, 250-251)

6.                     State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 88 EC – Possible legitimate expectation on the part of the beneficiaries – Protection – Conditions and limits (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 269-271, 275-276)

7.                     State aid – Commission decision not to raise objections to a national measure – Legitimate expectation of the beneficiary that an extension of the said measure is lawful – None (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 283-284, 288)

Re:

Operative part

The Court: