Order of the General Court (Fourth Chamber) of 22 January 2013

1. Judicial proceedingsObjection of inadmissibilityPower of the General Court to dismiss an action on the merits without ruling on the objection of inadmissibilityExtent of its discretion (Rules of Procedure of the General Court, Arts 111 and 114(4)) (see paras 19-22)

2. State aidConceptMeasures intended to compensate for structural disadvantages borne by undertakings established in a given region of a Member StateIncludedAdverse effect on competitionState measures seeking to approximate the conditions of competition, in a certain economic sector, with those prevailing in other Member StatesNot permissible (Art. 87(1) EC) (see paras 29, 30)

3. State aidCommission decision finding an aid scheme incompatible with the common marketObligation to state reasonsLimits (Art. 88 EC) (see paras 32, 33, 37)

4. State aidExamination by the CommissionExamination of an aid scheme in its general characteristicsLawfulnessLow amount of aid and exercise of activities of undertakings beneficial at the local levelAid capable of affecting intra-Community trade and causing a distortion of competitionIrrelevant (Arts 87 EC and 88 EC) (see paras 37, 42-44)

5. State aidAdministrative procedureObligations of the CommissionDiligent and impartial examination of the complaintsAssessment of legality of the Commission’s decision by reference to information available at the time it was adopted (Art. 88 EC) (see paras 38, 39)

6. State aidProhibitionExceptionsAid which may be considered compatible with the common marketAid for the development of particular areasExclusion of operating aid save in exceptional circumstances (Art. 87(3)(c) EC; Commission Notices 88/C 212/02 and 98/C 74/06) (see paras 48, 49)

7. State aidRecovery of unlawful aidRestoration of the prior situationCommission decision ordering repayment of the aidObligation to state reasons (Arts 87 EC and 88 EC) (see paras 53, 54, 57, 60)

Re:

APPLICATION for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part

1. The objection of inadmissibility raised by the European Commission is joined to the substance.

2. The action is dismissed as being, in part, manifestly inadmissible and, in part, manifestly lacking any foundation in law.

3. La Navale Soc. coop. rl is ordered to bear the Commission’s costs in addition to its own costs.

4. The Italian Republic is ordered to bear its own costs.