Commission Decision (EU) 2022/348 of 17 June 2021 on the measures SA.32014, SA.32015, SA.32016 (2011/C) (ex 2011/NN) implemented by Italy and the Region of Tuscany for Toremar and its acquirer Moby (notified under document C(2022) 4271) (Only the Italian version is authentic) (Text with EEA relevance)

The compensation to Toremar and the berthing priority for the provision of maritime services under the prolongation of the initial Convention in the period 1 January 2009 – 1 January 2012 constitutes State aid within the meaning of Article 107(1) TFEU. Italy has implemented the aid to Toremar in violation of Article 108(3) TFEU. This aid is compatible with the internal market.

The award of the new public service contract for the period 2 January 2012 – 31 December 2023, bundled with the Toremar business and the berthing priority to Moby/Toremar does not constitute State aid within the meaning of Article 107(1) TFEU.

The funds Toremar received to upgrade its ships were not used for liquidity purposes and thus do not constitute State aid to Toremar within the meaning of Article 107(1) TFEU.

The fiscal exemptions related to the privatisation process of Toremar and the possibility to use resources of the Fondo Aree Sottoutilizzate to meet liquidity needs as laid down by the 2010 Law, do not constitute State aid to Toremar within the meaning of Article 107(1) TFEU.

This Decision is addressed to the Italian Republic.