Judgment of the Court (Fourth Chamber) of 8 May 2008 – Ferriere Nord v Commission

(Case C-49/05 P)

Appeal – State aid – Formal examination procedure – Community framework for State aid for environmental protection – Rights of the parties – Invitation to submit observations – Article 88(2) EC – Regulation (EC) No 659/1999 – Legitimate expectations – Legal certainty – Environmental purpose of the investment

1. State aid – Planned aid – Examination by the Commission – Requirement to act within a reasonable time (Council Regulation No 659/1999, Art. 7(6)) (see paras 48-50)

2. State aid – Administrative procedure – Right of the parties concerned to submit their comments – Amendment during the procedure of the applicable Community guidelines (Art. 88(2) EC) (see paras 68, 78, 81)

3. Appeals – Grounds – Plea unsupported by legal argument – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see para. 99)

4. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 127)

Re:

Operative part:

The Court

1.Dismisses the appeal;

2.Orders Ferriere Nord SpA to pay the costs;

3.Orders the Italian Republic to bear its own costs.