Judgment of the Court of First Instance (First Chamber) of 2 December 2008 – Nuova Agricast and Cofra v Commission

(Cases T-362/05 and T-363/05)

Non-contractual liability of the Community – Aid scheme provided for under Italian legislation – Scheme declared compatible with the common market – Transitional measure – Certain undertakings excluded – Principle of protection of legitimate expectations – Sufficiently serious breach of a rule of law conferring rights on individuals – None

1.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC) (see paras 54, 96-97)

2.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals (Art. 288, second para., EC) (see para 76)

3.                     State aid – General aid scheme approved by the Commission – Individual aid falling within the temporal scope of that scheme – Determination – Date of the legally binding measure requiring the competent national authority to grant the aid (Art. 87 EC) (see paras 80-82)

Re:

ACTION for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 – Italy (SG 2000 D/105754)) and as a result of the Commission’s conduct during the procedure which preceded the adoption of that decision.

Operative part

The Court:

1. Joins Case T-362/05 and T-363/05 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05;

4. Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05.