Judgment of the General Court of 13 September 2012 - Italy v Commission
(Case T-379/09)
(State aid - Exemption from excise duty on diesel used to heat glasshouses - Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid - Duty to state reasons - Selective nature - Effect on trade between Member States - Effect on competition - Directive 92/81/EEC - Directive 2003/96/EC - Community framework for State aid for the protection of the environment)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: F. Arena, G. Palmieri and F. Varrone, avvocati dello Stato)
Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)
Re:
Application for annulment of Commission Decision 2009/944/EC of 13 July 2009 on State aid schemes C 6/04 (ex NN 70/01) and C 5/05 (ex NN 71/04) implemented by Italy in favour of glasshouse growers (exemption from excise duty on diesel used to heat glasshouses) (OJ 2009 L 327, p. 6).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Italian Republic to pay the costs.
____________1 - OJ C 282, 21.11.2009.