Judgment_paragraph 33 · Eridania Zuccherifici Nazionali SpA, ISI - Industria Saccarifera Italiana Agroindustriale SpA, Sadam Zuccherifici, Sadam Castiglionese SpA, Sadam Abruzzo SpA, Zuccherificio del Molise SpA, SFIR - Società Fondiaria Industriale Romagnola SpA and Ponteco Zuccheri SpA v Council of the European Union (T-168/95)

33Last, they point out that under Article 46 of the basic regulation Italy was authorised, until the 1994/95 marketing year, to grant aid to the Italian industry, which confirms that the Italian sugar-producing undertakings with quotas were in a special situation. By maintaining regionalised prices for Italy and at the same time, by Council Regulation (EC) No 1101/95 of 24 April 1995 amending Regulation No 1785/81 and Regulation (EEC) No 1010/86 laying down general rules for the production refund on certain sugar products used in the chemical industry (OJ 1995 L 110, p. 1), abolishing the possibility of granting aid for the 1995/96 marketing year, the Council was perfectly aware that it was treating the applicants in a discriminatory manner.

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