Simet v Commission (Judgment) French Text [2016] EUECJ T-15/14 (03 March 2016)

Simet v Commission (Judgment) French Text [2016] EUECJ T-15/14 (03 March 2016)

The Court held that the compensation to Simet SpA, as notified by the Italian authorities, constituted State aid under Article 107(1) TFEU and was incompatible with the internal market because it did not comply with the requirements of Regulation No 1191/69 or Regulation No 1370/2007, particularly regarding the objective determination of compensation and separation of accounts. The applicant's arguments that the payment was indemnification rather than compensation for public service obligations were rejected based on the reasoning and operative part of the Consiglio di Stato judgment. The applicant retained an interest to act as annulment of the Commission decision could have legal...

Citation
[2016] EUECJ T-15/14
Parties
Applicant: Simet SpA; Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
03 March 2016
Procedural Posture
Annulment Action (recours En Annulation) Before the General Court of the European Union / Judgment on Merits
Outcome
Action dismissed
Legal Topics
State Aid Compatibility, Compensation for Public Service Obligations, Transport Regulation, Procedural Admissibility, Separation of Accounts, Obligation of Prior Notification
European Union Law State Aid Law Administrative Law State Aid Compatibility Compensation for Public Service Obligations Transport Regulation Procedural Admissibility Separation of Accounts +1 more

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Parties

Simet SpA

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action (recours En Annulation) Before the General Court of the European Union / Judgment on Merits

Legal Issues

  1. 1 Whether the compensation to Simet SpA constituted unlawful State aid under Article 107(1) TFEU
  2. 2 Whether the compensation was exempt from notification under Regulation (CEE) No 1191/69
  3. 3 Whether the Commission erred in its assessment of the compensation mechanism and its compliance with EU law

Ratio Decidendi

The Court held that the compensation to Simet SpA, as notified by the Italian authorities, constituted State aid under Article 107(1) TFEU and was incompatible with the internal market because it did not comply with the requirements of Regulation No 1191/69 or Regulation No 1370/2007, particularly regarding the objective determination of compensation and separation of accounts. The applicant's arguments that the payment was indemnification rather than compensation for public service obligations were rejected based on the reasoning and operative part of the Consiglio di Stato judgment. The applicant retained an interest to act as annulment of the Commission decision could have legal...

Court Disposition

Action dismissed

Orders

  • The application is dismissed.
  • Applicant to bear its own costs and those of the Commission.