Judgment_paragraph 63 · European Commission v Italian Republic and Others (C-425/19 P)

63In the present case, it must be noted, as a preliminary point, that the General Court, in paragraph 70 of the judgment under appeal, held that the Commission, in the decision at issue, did not seek to draw a clear distinction between the requirement relating to the imputability of a measure to the State and that relating to State resources. Similarly, in its appeal, the Commission, with regard to that second requirement, merely states that, in paragraph 91 of the judgment under appeal, the General Court referred to its own reasoning concerning the requirement of imputability. Lastly, in the first limb of the first ground of appeal, the Commission does not identify any of the grounds, in paragraphs 133 to 161 of the judgment under appeal, dedicated specifically to the examination of the requirement relating to the use of State resources.