Order of the General Court (Fourth Chamber) of 29 January 2013 —
Sagar v Commission
(Case T‑269/00)
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring the recovery of aid paid — Action manifestly lacking any foundation in law
1. Judicial proceedings — Objection of inadmissibility — Power of the General Court to dismiss an action on the merits without ruling on the objection of inadmissibility — Extent of its discretion (Rules of Procedure of the General Court, Arts 111 and 114(4)) (see paras 19-22)
2. State aid — Concept — Measures intended to compensate for structural disadvantages borne by undertakings established in a given region of a Member State — Included — Adverse effect on competition — State measures seeking to approximate the conditions of competition, in a certain economic sector, with those prevailing in other Member States — Not permissible (Art. 87(1) EC) (see paras 28, 29)
3. State aid — Commission decision finding an aid scheme incompatible with the common market — Obligation to state reasons — Limits (Art. 88 EC) (see paras 31, 32, 35)
4. State aid — Examination by the Commission — Examination of an aid scheme in its general characteristics — Lawfulness — Low amount of aid and exercise of activities of undertakings beneficial at the local level — Aid capable of affecting intra-Community trade and causing a distortion of competition — Irrelevant (Arts 87 EC and 88 EC) (see paras 35-37)
5. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Aid for the development of particular areas — Exclusion of operating aid save in exceptional circumstances — No infringement of the principles of non-discrimination and legal certainty (Art. 87(3)(c) EC; Commission Notices 88/C 212/02 and 98/C 74/06) (see paras 48-50)
6. State aid — Recovery of unlawful aid — Restoration of the prior situation — Commission decision ordering repayment of the aid — Obligation to state reasons — Scope — Obligation of the Commission sufficiently to monitor the individual situation of each beneficiary — Possibility of leaving to the national authorities the task of determining without excessive difficulty the undertakings concerned (Arts 87 EC and 88 EC) (see paras 57, 61)
Re:
| APPLICATION for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50). |
Operative part
1. | | The plea of inadmissibility raised by the European Commission is joined to the main proceedings. |
2. | | The action is dismissed as manifestly lacking any foundation in law. |
3. | | Sagar Srl, in addition to bearing its own costs, is ordered to pay the costs incurred by the Commission. |
4. | | The Italian Republic is ordered to bear its own costs. |