10.8.2015

EN

Official Journal of the European Union

C 262/18

Judgment of the General Court of 25 June 2015 — SACE and Sace BT v Commission

(Case T-305/13) ( 1 )

((State aid - Export credit insurance - Reinsurance granted by a public undertaking to its subsidiary - Capital contributions to cover the subsidiary’s losses - Notion of State aid - Imputability to the State - Private investor test - Obligation to state reasons))

(2015/C 262/23)

Language of the case: Italian

Parties

Applicants: Servizi assicurativi del commercio estero SpA (SACE) (Rome, Italy); and Sace BT SpA (Rome) (represented by: M. Siragusa and G. Rizza, lawyers)

Defendant: European Commission (represented by: G. Conte, D. Grespan and K. Walkerová, acting as Agents)

Intervener in support of the applicants: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by S. Fiorentino, avvocato dello Stato)

Re:

Application for annulment of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A. ( OJ 2014 L 239, p. 24 ).

Operative part of the judgment

The Court:

1.Annuls Article 2(2) of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A;

2.Dismisses the action as to the remainder;

3.Servizi assicurativi del commercio estero SpA (SACE) and Sace BT shall bear their own costs, including those relating to the interlocutory proceedings;

4.The European Commission shall bear its own costs, including those relating to the interlocutory proceedings;

5.The Italian Republic shall bear its own costs, including those relating to the interlocutory proceedings.

( 1 ) OJ C 207, 20.7.2013 .