Order of the Court of First Instance (Second Chamber) of 29 April 2009 – S.F. Turistico Immobiliare v Council and Commission

(Case T-408/08)

Actions for annulment – Act complained of not attributable to the Council – Partial inadmissibility

Actions for annulment – Action against a decision applying guidelines for State aid for regional purposes – Act attributable solely to the Commission – Action brought against the Council and Commission – Partial inadmissibility (Art. 230 EC) (see paras 9-13)

Re:

APPLICATION to annul Commission Decision 2008/854/EC of 2 July 2008, on a State aid scheme, Regional Act No 9 of 1998 – Misapplication of aid N 272/98 (OJ 2008 L 302, p. 9).

Operative part

1. The appeal is dismissed as inadmissible insofar as it is against the Council of the European Union.

2. SF Turistico Immobiliare Srl is ordered to pay the costs of the Council and its own costs of the proceedings on the plea of inadmissibility.