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Court of Genoa 11th.8.2014 – State aid and unfair competition

The Court of Genoa, following the EU Commission decision, held that the recapitalization of Saremar for an amount equal to the credit owed towards Tirrenia, was not in the sense of a “Market Economy Investor Principle” but in the sense of a State aid, therefore subject to be sanctioned as unfair competition under Art. 2598 no. 3 of the Italian Civil Code. In the same judgment, always in line with the EU Commission decision, it was decided that the allocation from Sardinia region to Saremar of a certain sum for promotional activities as well as the undertaking from the same Sardinia region of a guarantee in order to release a bank credit to Saremar could not be considered as a State aid.

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