Order of the Court (Seventh Chamber) of 22 March 2012 --
   Cantiere navale De Poli v Commission
   (Case C-167/11 P)

   Appeal -- Article 119 of the Rules of Procedure -- State aid --
   Incompatibility with the common market -- Commission decision --
   Alteration to existing aid -- Regulation (EC) No 794/2004 -- Regulation
   (EC) No 1177/2002 -- Temporary defensive mechanism for shipbuilding

   1.                     State aid -- Planned aid -- Notifying the
   Commission -- Member States' discretion concerning the date of
   notification -- In the case of a temporary defensive mechanism,
   notification necessary before the regulation authorising the grant of
   aid expires (Art. 88(3) EC; Council Regulation No 1177/2002, Art. 5)
   (see paras 31, 32)

   2.                     Appeals -- Pleas in law -- Plea raised against a
   ground of the judgment not necessary to support the operative part --
   Plea ineffective (see para. 43)

   3.                     State aid -- Planned aid -- Examination by the
   Commission -- Application of the rules of substantive law in force when
   the Commission took its decision (Art. 88(3) EC; Council Regulation No
   1177/2002, Art. 5) (see paras 51-53)

   4.                     Union law -- Principles -- Equal treatment --
   Meaning -- Unequal treatment as a result of the temporal limitation of
   authorisation to grant State aid in a given sector of the market --
   Whether objectively justified (Council Regulation No 1177/2002, Art. 5)
   (see paras 74-76)

   5.                     State aid -- Commission decision finding a
   national measure compatible with Article 87(1) EC -- No legitimate
   expectations in the case of alteration to the aid scheme going beyond
   the bounds of the authorisation decision (Art. 87(1) EC) (see paras
   85-87)

   6.                     Appeals -- Setting out in the application of the
   pleas in law and legal arguments -- Plea plainly not intended to
   challenge the judgment -- 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)(c)) (see paras 99, 100, 115)

   Re:

   Appeal brought against the judgment of the General Court (Eighth
   Chamber) of 3 February 2011 in Case T-584/08 Cantieri Navale De Poli v
   Commission , by which the Court dismissed the action for annulment of
   Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08
   (ex N 62/08) which Italy is planning to implement through a
   modification of scheme N 59/04 concerning a temporary defensive
   mechanism for shipbuilding (OJ 2010 L 17, p. 50).

   Operative part

   1.

   The appeal is dismissed.

   2.

   Cantiere navale De Poli SpA is ordered to pay the costs.

   3.

   The Italian Republic is ordered to bear its own costs.