Judgment of the General Court (Eighth Chamber) of 18 May 2022

1. State aidRecovery of unlawful aidRestoration of the prior situationLimitation period applicable to the recovery of interest on unlawful aidInterruption of the limitation period by several requests for information addressed by the Commission to the Member State concerned

(Art. 108(2) TFEU; Council Regulation 2015/1589, Art. 17)

(see paras 53-62)

2. State aidExisting aid and new aidMeaningState aid scheme for maritime transport introduced before the date of accession of the Member State concernedApplication of the aid scheme to new international routes not covered by the original aid schemeClassification as new aid

(Council Regulation No 659/1999, Art. 1(b)(i))

(see paras 87, 88, 91-93)

3. State aidExisting aid and new aidMeasure amending an existing aid schemeModification of the compensation mechanism, the payment period and the budgetary resources allocatedModifications affecting the substance of the schemeClassification of the scheme as new aid

(Council Regulation No 659/1999, Art. 1(b) and (c))

(see paras 89, 95-107)

4. State aidProhibitionExceptionsUndertakings entrusted with the operation of services of general economic interestCompensation for the costs generated by the public service missionAssessment of the compatibility of the compensation granted with the internal marketObservance of coherence between the Treaty FEU on State aid and other provisions of the Treaty FEU covering the functioning of the internal marketUndertaking entrusted with the management of services of general economic interest which has participated in a cartel relating to those servicesContradiction between the objective of the cartel and the objective of the compensation grantedIncompatibility of compensation with the internal market

(Arts 107(1) and 108 TFEU)

(see paras 118-122)

5. State aidRecovery of unlawful aidRecipient of the aid who participated in a cartel for the services which are the subject of the aidCommission decisions imposing a cartel fine and ordering recovery of the unlawful aidBreach of principle of proportionalityNone

(Arts 107 and 108 TFEU)

(see paras 132-134)

6. State aidRecovery of unlawful aidAid granted in breach of the procedural rules of Article 108 TFEULegitimate expectations entertained by the recipientsNone save in exceptional circumstancesLegitimate expectation arising from the excessive length of the administrative procedureObligation on the Commission to make a decision within a reasonable periodAssessment of actual situation

(Arts 107 and 108 TFEU; Council Regulation 2015/1589, Art. 16(1))

(see paras 147-153, 156-177)

Operative part

The Court:

1. Dismisses the action;

2. Orders Tirrenia di navigazione SpA to pay the costs.