Judgment of the Court of First Instance (First Chamber) of 2 December
   2008 - Nuova Agricast and Cofra v Commission

   (Cases T-362/05 and T-363/05)

   Non-contractual liability of the Community - Aid scheme provided for
   under Italian legislation - Scheme declared compatible with the common
   market - Transitional measure - Certain undertakings excluded -
   Principle of protection of legitimate expectations - Sufficiently
   serious breach of a rule of law conferring rights on individuals - None

   1.                     Non-contractual liability - Conditions -
   Unlawfulness - Damage - Causal link (Art. 288, second para., EC) (see
   paras 54, 96-97)

   2.                     Non-contractual liability - Conditions -
   Sufficiently serious breach of a rule conferring rights on individuals
   (Art. 288, second para., EC) (see para 76)

   3.                     State aid - General aid scheme approved by the
   Commission - Individual aid falling within the temporal scope of that
   scheme - Determination - Date of the legally binding measure requiring
   the competent national authority to grant the aid (Art. 87 EC) (see
   paras 80-82)

   Re:

   ACTION for damages for the loss allegedly suffered by the applicants as
   a result of the adoption by the Commission of the Decision of 12 July
   2000 declaring compatible with the common market an aid scheme for
   investment in the less-favoured regions of Italy (State aid No 715/1999
   - Italy (SG 2000 D/105754)) and as a result of the Commission's conduct
   during the procedure which preceded the adoption of that decision.

   Operative part

   The Court:

   1.

   Joins Case T-362/05 and T-363/05 for the purposes of the judgment;

   2.

   Dismisses the actions;

   3.

   Orders Nuova Agricast Srl to bear its own costs and to pay those
   incurred by the Commission in Case T-362/05;

   4.

   Orders Cofra Srl to bear its own costs and to pay those incurred by the
   Commission in Case T-363/05.