Enirisorse (State aid) French Text [2006] EUECJ C-237/04 (23 March 2006)

Enirisorse (State aid) French Text [2006] EUECJ C-237/04 (23 March 2006)

A national measure granting shareholders of a State-controlled company an exceptional right of withdrawal, conditional on renouncing any right to the company's assets, does not confer an advantage on the company and therefore does not constitute State aid under Article 87 EC.

Parties
Applicant: Enirisorse SpA; Respondent: Sotacarbo SpA; Intervener: Government of Italy; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
23 March 2006
Procedural Posture
Preliminary Ruling (article 234 Ec) / Judgment on Preliminary Reference
Outcome
Preliminary question answered: the measure is not State aid under Article 87 EC; second question declared inadmissible.
Legal Topics
State Aid Definition, Freedom of Establishment, Shareholder Withdrawal Rights, Interpretation of Article 87 EC
European Union Law State Aid Law Company Law State Aid Definition Freedom of Establishment Shareholder Withdrawal Rights Interpretation of Article 87 EC

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Parties

Enirisorse SpA

Applicant

Sotacarbo SpA

Respondent

Government of Italy

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling (article 234 Ec) / Judgment on Preliminary Reference

Legal Issues

  1. 1 Whether Article 33 of Law No 273/2002 constitutes State aid under Article 87 EC in favour of Sotacarbo SpA
  2. 2 Whether the national measure is contrary to the freedom of establishment and free provision of services under Articles 43, 44, 48, 49 EC

Ratio Decidendi

A national measure granting shareholders of a State-controlled company an exceptional right of withdrawal, conditional on renouncing any right to the company's assets, does not confer an advantage on the company and therefore does not constitute State aid under Article 87 EC.

Court Disposition

Preliminary question answered: the measure is not State aid under Article 87 EC; second question declared inadmissible.

Orders

  • A national measure granting shareholders of a State-controlled company an exceptional right of withdrawal, conditional on renouncing any right to the company's assets, is not State aid under Article 87 EC.
  • Costs to be determined by the referring court.