Judgment of the Court of First Instance (Second Chamber) of 20 June 2007 – Tirrenia di Navigazione and Others v Commission

(Case T-246/99)

State Aid – Maritime transport – Decision to initiate the procedure under Article 88(2) EC – New aid – Existing aid

1. Actions for annulment – Subject-matter (Art. 88(2), first para., and (3) EC; Council Regulation No 659/1999, Arts 7(2) to (5) and 14; Commission Decisions Nos 2001/851 and 2005/163) (see paras 43-45)

2. Procedure – Introduction of new pleas during the proceedings (Rules of Procedure of the Court of First Instance, Art. 48(2)) (see paras 56, 58-59)

3. Procedure – Obligation on the Court to remain within the framework of the dispute (Rules of Procedure of the Court of First Instance, Art. 48(2)) (see paras 102-103, 107)

4. State aid – Commission decision – Assessment of legality by reference to information available at the time the decision was adopted (see para. 108)

5. Actions for annulment – Action brought before the Court of First Instance by a State aid beneficiary against a Commission decision – Obligation on the Court of First Instance, after a suspension of proceedings, to hold to the interpretation given by the Court of Justice in a judgment delivered in the interim (Council Regulation No 3577/92, Art. 4(3)) (see paras 162-165)

Re:

Operative part

The Court:

Dismisses the action;

Orders the applicants to bear their own costs and to pay those of the Commission and the interveners Navigazione Libera del Golfo SpA, Linee Lauro Srl, Traghetti Pozzuoli Srl and Alilauro SpA;

Orders the intervener Aliscafi Società Navigazione Alta Velocità SpA (Aliscafi SNAV) to bear its own costs.