Sentenze (Informazione) nº T-209/11 of Tribunale di Primo Grado delle Comunità Europee, July 03, 2013
Resolution Date | July 03, 2013 |
Issuing Organization | Tribunale di Primo Grado delle Comunità Europee |
Decision Number | T-209/11 |
Sentenza del Tribunale (Terza Sezione) del 3 luglio 2013 – MB System / Commissione
(causa T‑209/11)
Aiuti di Stato – Aiuto concesso dalla Germania al gruppo Biria sotto forma di partecipazione tacita di un’impresa pubblica – Decisione che dichiara l’aiuto incompatibile con il mercato interno – Decisione presa a seguito dell’annullamento da parte del Tribunale della decisione anteriore concernente lo stesso procedimento – Vantaggio – Criterio dell’investitore privato – Nozione di impresa in difficoltà – Calcolo dell’elemento di aiuto – Errore manifesto di valutazione
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Aiuti concessi dagli Stati – Nozione – Applicazione del criterio dell’investitore privato – Potere discrezionale della Commissione – Sindacato giurisdizionale – Limiti (Art. 107, § 1, TFUE; comunicazioni della Commissione 1999/C 288/02, punti 4-6, 2004/C 244/02, punti 4-6 e 8, e 2008/C 155/10, punti 1.3 e 3.2) (v. punti 32-40)
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Aiuti concessi dagli Stati – Nozione – Valutazione secondo il criterio dell’investitore privato – Partecipazione tacita a un’impresa in difficoltà – Impresa in difficoltà – Nozione (Comunicazione della Commissione 1999/C 288/02, punti 4 - 6) (v. punti 42-49)
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Aiuti concessi dagli Stati – Nozione – Valutazione secondo il criterio dell’investitore privato – Partecipazione tacita a un’impresa in difficoltà – Impresa in difficoltà – Nozione – Lettera di patronage emessa dalla società controllante (Art. 107, § 1, TFUE; comunicazioni della Commissione 1999/C 288/02, punti 4-6 e 8, e 2008/C 14/02) (v. punti 63, 70-72, 78, 81, 90, 91, 94, 95, 98-103)
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Atti delle istituzioni –...
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