Judgment of the Court of First Instance (Seventh Chamber) of 4 March 2009 – Tirrenia di Navigazione and Others v Commission

(Joined Cases T-265/04, T-292/04 and T-504/04)

State aid – Maritime transport – Subsidies paid by the Italian authorities to regional undertakings – Decision declaring the aid in part compatible and in part incompatible with the common market – Action for annulment – Admissibility – Legal interest in bringing proceedings – New or existing aid – Duty to state reasons – Article 4(3) of Regulation (EEC) No 3577/92

1.                     Actions for annulment – Interest in bringing proceedings – Action by the recipient of State aid against a Commission decision declaring it compatible with the common market (Arts 230 EC, fourth para., and 233 EC) (see paras 63-72)

2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87 EC and 253 EC) (see paras 98-99, 101-103)

3.                     Commission – Principle of collegiality – Scope (Art. 253 EC) (see paras 107-108)

4.                     State aid – Existing aid and new aid – Definition (Art. 88(3) EC) (see paras 123-124, 126-127)

5.                     State aid – Existing aid and new aid – Payments in favour of shipping companies providing, in the context of public service contracts, regular services to and from islands (Art. 88(1) and (3) EC; Council Regulation No 3577/92, Art. 4(3)) (see paras 143-144)

6.                     Actions for annulment – Judgment annulling a measure – Scope – Absolute authority of res judicata (see paras 159-160)

Re:

APPLICATIONS for annulment in part of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29).

Operative part

The Court:

1. In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group);

2. In Case T-504/04, declares that the action has become devoid of purpose;

3. In Case T-265/04, orders the Commission to bear its own costs and to pay those of Tirrenia di Navigazione SpA;

4. In Case T-292/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA;

5. In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA;

6. In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs.