Judgment of the Court of First Instance (Seventh Chamber) of 4 March
   2009 - Tirrenia di Navigazione and Others v Commission

   (Joined Cases T-265/04, T-292/04 and T-504/04)

   State aid - Maritime transport - Subsidies paid by the Italian
   authorities to regional undertakings - Decision declaring the aid in
   part compatible and in part incompatible with the common market -
   Action for annulment - Admissibility - Legal interest in bringing
   proceedings - New or existing aid - Duty to state reasons - Article
   4(3) of Regulation (EEC) No 3577/92

   1.                     Actions for annulment - Interest in bringing
   proceedings - Action by the recipient of State aid against a Commission
   decision declaring it compatible with the common market (Arts 230 EC,
   fourth para., and 233 EC) (see paras 63-72)

   2.                     Acts of the institutions - Statement of reasons
   - Obligation - Scope - Commission decision on State aid (Arts 87 EC and
   253 EC) (see paras 98-99, 101-103)

   3.                     Commission - Principle of collegiality - Scope
   (Art. 253 EC) (see paras 107-108)

   4.                     State aid - Existing aid and new aid -
   Definition (Art. 88(3) EC) (see paras 123-124, 126-127)

   5.                     State aid - Existing aid and new aid - Payments
   in favour of shipping companies providing, in the context of public
   service contracts, regular services to and from islands (Art. 88(1) and
   (3) EC; Council Regulation No 3577/92, Art. 4(3)) (see paras 143-144)

   6.                     Actions for annulment - Judgment annulling a
   measure - Scope - Absolute authority of res judicata (see paras
   159-160)

   Re:

   APPLICATIONS for annulment in part of Commission Decision 2005/163/EC
   of 16 March 2004 on the State aid paid by Italy to the Adriatica,
   Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia
   Group) (OJ 2005 L 53, p. 29).

   Operative part

   The Court:

   1.

   In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC
   of 16 March 2004 on the State aid paid by Italy to the Adriatica,
   Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia
   Group);

   2.

   In Case T-504/04, declares that the action has become devoid of
   purpose;

   3.

   In Case T-265/04, orders the Commission to bear its own costs and to
   pay those of Tirrenia di Navigazione SpA;

   4.

   In Case T-292/04, orders the Commission to bear its own costs and to
   pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA;

   5.

   In Case T-504/04, orders the Commission to bear its own costs and to
   pay those of Navigazione Libera del Golfo SpA;

   6.

   In Case T-504/04, orders the Italian Republic and Caremar to bear their
   own costs.