The Traghetti Del Mediterraneo Spa ( Tdm )

1973 WordsNov 18, 20148 Pages
1)The Traghetti del Mediterraneo SpA(TDM), brought an action against the Member state of Italy seeking compensation for damages caused to them by an earlier judgement of the Italian courts which infringed various of their rights under Eu Law. In 1981 TDM which was a shipping company brought proceedings against a competitor before the Italian courts. They were seeking compensation for the damage that the competitors caused to them because of their policy of low fares on maritime cabotage which was made possible by public subsidies. TDM claimed infringement of Art 86(1) of the Treaty EC which prohibited the abuse of dominant position and Art 85,90 and 92. The claim was rejected by the Tribunale di Napoli and later by the Corte d’Appello di Napoli. The court claimed that the subsidies they did not affect activities on sea links competing with those operated by the defendant and they were not granted in breach of the Treaty. The claimant appealed again asking for a preliminary ruling to be made regarding the interpretation of the articles in question to determine whether the granting of subsidies were lawful. The supreme court of Italy refused to make a reference and dismissed the appeal. Although that Art 90 and 92 prohibited State aid which distorts the competition, the court held that in was an exception to the particular case because the economic development of underprivileged regions could not be achieved by the means of free competition. The court dismissed the appeal on

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