Judgment of the General Court (Fifth Chamber) of 1 July 2010 - Nuova
   Terni Industrie Chimiche v Commission

   (Case T-64/08)

   State aid - 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 - Concept of advantage -
   Principle of the protection of legitimate expectations - Aid measure
   put into effect

   1.                     State aid - Concept - Compensation awarded for
   expropriation of assets - Not included (Art. 87(1) EC) (see paras 57,
   60, 63, 72, 74, 99, 101)

   2.                     State aid - Examination by the Commission -
   Administrative procedure - Obligation on the Commission to put the
   parties concerned on notice to submit their observations - Right of the
   aid beneficiary to be sufficiently associated with the proceedings -
   Limits (Art. 88(2) EC) (see paras 161-163, 166-168)

   3.                     EU Law - Principles - Rights of the defence -
   Whether applicable to administrative procedures initiated by the
   Commission - Examination of plans to grant aid - Scope (Art. 88(2) EC)
   (see para. 189)

   4.                     State aid - Planned aid - Notification to the
   Commission - Scope of the obligation - Need to notify aid measures at
   the draft stage (Art. 88(3) EC; Council Regulation No 659/1999, Arts 2
   and 3) (see paras 228-230, 234-236)

   5.                     State aid - Commission decision finding aid
   unlawful and ordering its recovery - Aid not yet paid (Art. 88(3) EC;
   Council Regulation No 659/1999, Art. 14(1)) (see paras 239, 241,
   250-251)

   6.                     State aid - Recovery of unlawful aid - Aid
   granted in breach of the procedural rules of Article 88 EC - Possible
   legitimate expectation on the part of the beneficiaries - Protection -
   Conditions and limits (Art. 88 EC; Council Regulation No 659/1999, Art.
   14(1)) (see paras 269-271, 275-276)

   7.                     State aid - Commission decision not to raise
   objections to a national measure - Legitimate expectation of the
   beneficiary that an extension of the said measure is lawful - None
   (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras
   283-284, 288)

   Re:

   APPLICATION 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

   The Court:

   1.

   Dismisses the action;

   2.

   Orders Nuova Terni Industrie Chimiche SpA to pay the costs.