Order of the Court (Sixth Chamber) of 6 October 2011 – ThyssenKrupp Acciai Speciali Terni and Others v Commission

(Joined Cases C-448/10 P to C-450/10 P)

Appeal – Compensation for expropriation on grounds of public interest – Temporal extension of a preferential tariff for the supply of electricity – Decision declaring the aid incompatible with the common market and ordering its recovery – Notion of advantage – Principle of the protection of legitimate expectations – Interpretation of national law – Distortion – Definition – Appeal manifestly inadmissible and manifestly unfounded

1.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 34, 46)

2.                     Appeals – Grounds – Distortion of the sense of the national law relied on as evidence – Admissibility (see para. 33)

3.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see paras 62, 66-67)

Re:

Appeal brought against the judgments of the General Court (Fifth Chamber) of 1 July 2010 in Case T-62/08

ThyssenKrupp Acciai Speciali Terni

v

Commission

, Case T‑63/08

Cementir Italia

v

Commission

, and Case T‑64/08

Nuova Terni Industrie Chimiche

v

Commission

by which that court dismissed the applications for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37).

Operative part

1.

The appeals are dismissed.

2.

ThyssenKrupp Acciai Speciali Terni SpA, Cementir Italia Srl and Nuova Terni Industrie Chimiche SpA are ordered to pay the costs.