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24.10.2016 |
EN |
Official Journal of the European Union |
C 392/22 |
Judgment of the General Court of 15 September 2016 — Ferraci v Commission
(Case T-219/13) (1)
((State aid - Municipal real estate tax - Exemption granted to non-commercial entities carrying out specific activities - Codified law on income tax - Exemption from the one-off municipal tax - Decision in part finding no State aid and in part declaring the aid incompatible with the internal market - Action for annulment - Regulatory act not entailing implementing measures - Whether directly concerned - Admissibility - Absolute impossibility of recovering the aid - Article 14(1) of Regulation (EC) No 659/1999 - Obligation to state reasons))
(2016/C 392/24)
Language of the case: Italian
Parties
Applicant: Pietro Ferraci (San Cesareo, Italy) (represented initially by: A. Nucara and E. Gambaro, and subsequently by E. Gambaro, lawyers)
Defendant: European Commission (represented initially by: V. Di Bucci, G. Conte and D. Grespan, and subsequently by G. Conte, D. Grespan and F. Tomat, acting as Agents)
Intervener in support of the defendant: Italian Republic (represented by: G. Palmieri and G. De Bellis, acting as Agents
Re:
Application based on Article 263 TFEU and seeking the annulment of Commission Decision 2013/284/EU of 19 December 2012 on State aid SA.20829 (C 26/2010, ex NN 43/2010 (ex CP 71/2006)); Scheme concerning the municipal real estate tax exemption granted to real estate used by non-commercial entities for specific purposes implemented by Italy (JO 2013 L 166, p. 24).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Pietro Ferracci to bear his own costs and pay those incurred by the European Commission; |
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3. |
Orders the Italian Republic to bear its own costs relating to its intervention. |