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Document 62015TA0186
Case T-186/15: Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)
Case T-186/15: Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)
Case T-186/15: Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)
OJ C 301, 27.8.2018, p. 25–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.8.2018 |
EN |
Official Journal of the European Union |
C 301/25 |
Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission
(Case T-186/15) (1)
((State aid - Undertaking operating networks of bus routes in the Regione Campania - Advantage - Service of general economic interest - Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance - Decision declaring the aid incompatible with the internal market - Existing aid and new aid - Regulation (EEC) No 1191/69 - Conditions for exemption from the requirement for notification - Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 - Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid - Force of res judicata of a judgment of a higher national court - Temporal application of the rules of substantive law - Legitimate expectations - Legal certainty))
(2018/C 301/32)
Language of the case: Italian
Parties
Applicant: CSTP Azienda delle Mobilità SpA (Salerno, Italy) (represented by: G. Capo and L. Visone, lawyers)
Defendants: European Commission (represented by: L. Armati, G. Conte and P.-J. Loewenthal, Agents)
Intervener in support of the applicant: Asstra Associazione Trasporti (Rome, Italy) (represented by: M. Malena, lawyer)
Re:
Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1074 of 19 January 2015 on State aid SA.35842 (2014/C) (ex 2012/NN) implemented by Italy — Additional public service compensation for CSTP (OJ 2015 L 179, p. 112).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders CSTP Azienda delle Mobilità SpA, in addition to bearing its own costs, to pay those incurred by the European Commission; |
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3. |
Declares that Asstra Associazione Trasporti is to bear its own costs. |