Judgment of the Court of First Instance (First Chamber) of 2 December 2008.#Nuova Agricast Srl and Cofra Srl v Commission of the European Communities.#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.#Cases T-362/05 and T-363/05.

Subject of the case

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

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.