Judgment of the Court of First Instance (Seventh Chamber) of 4 March 2009. – Tirrenia di Navigazione SpA (T-265/04), Caremar SpA and Others (T-292/04) and Navigazione Libera del Golfo SpA (T-504/04) v Commission of the European Communities.

Subject of the case

Re:

APPLICATIONS for annulment in part of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29).

Operative part

The Court:

1. In Cases T-265/04 and T-292/04, annuls Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group);

2. In Case T-504/04, declares that the action has become devoid of purpose;

3. In Case T-265/04, orders the Commission to bear its own costs and to pay those of Tirrenia di Navigazione SpA;

4. In Case T-292/04, orders the Commission to bear its own costs and to pay those of Caremar SpA, Siremar SpA, Saremar SpA and Toremar SpA;

5. In Case T-504/04, orders the Commission to bear its own costs and to pay those of Navigazione Libera del Golfo SpA;

6. In Case T-504/04, orders the Italian Republic and Caremar to bear their own costs.