Judgment_paragraph 70 · Italian Republic and Others v European Commission (T-98/16, T-196/16, T-198/16)

70Moreover, notwithstanding the requirement to distinguish the imputability of aid to a State from the question whether aid was granted through State resources, which are separate and cumulative conditions (see judgment of 5 April 2006, Deutsche Bahn v Commission, T‑351/02, EU:T:2006:104, paragraph 103 and the case-law cited), in the present case, the Commission did not seek to make a clear distinction between those conditions (see recital 144 of the contested decision). The Court therefore considers it appropriate, in the first place, to examine the various items of the evidence on which the Commission relies to establish that the measures adopted are imputable to the State and, in the second place, to assess the evidence regarding the control exercised by the public authorities over the resources used for the measures adopted by the FITD for the benefit of Tercas.