«(State aid – Articles 87 EC and 88 EC – New aid – Absence of prior notification – Aid incompatible with the common market – Withdrawal of aid – Transitional arrangements maintaining the effects of the withdrawn aid)»

1.. State aid – Commission expressly declining to require recovery of aid which is incompatible with the common market – Assessment of the need none the less to require recovery in light of the absence of notification by the Member State concerned – Jurisdiction of the national courts (Art. 88 EC)

2.. State aid – New State aid scheme – Definition – Transitional rules maintaining the effects of a scheme which is itself new – Whether covered (Arts 87 EC and 88 EC)

3.. Preliminary rulings – Jurisdiction of the Court – Limits – Assessment as to whether a particular grant of aid is compatible with the common market – Excluded (Arts 88 EC and 234 EC)

ORDER OF THE COURT (Fifth Chamber) 24 July 2003 (1)

((State aid – Articles 87 EC and 88 EC – New aid – Absence of prior notification – Aid incompatible with the common market – Withdrawal of aid – Transitional arrangements maintaining the effect of the withdrawn aid))

In Case C-297/01,

REFERENCE to the Court under Article 234 EC by the Tribunale di Catania (Italy) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 87 EC and 88 EC,

THE COURT (Fifth Chamber),

composed of: M. Wathelet (Rapporteur), President of the Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and S. von Bahr, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after hearing the Opinion of the Advocate General, makes the following

The first question

The second and third questions

On those grounds,

THE COURT (Fifth Chamber)

hereby orders:

Luxembourg, 24 July 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber