For the'former Ilva another front is coming difficulties, this time on the energy cost. The EU Court of Justice has established that "a company in difficulty" cannot benefit from the concessions Envisaged for companies that consume large quantities of electricity and gas. This decision affects Acciaierie d'Italia just as discussions and questions about the group's future are mounting.
The European Court of Justice has ruled on the applications submitted by ADI to access the incentives reserved for energy- and gas-intensive companies in 2025. The Italian authorities had rejected them in 2024, citing the company's extraordinary administration and insolvency.
READ MORE Former Ilva: No more delays! We need the courage to make a decision and dig deep into our pockets. di Hugh Calzoni
Former Ilva: Why the EU Court Excludes ADI from Energy Tax Relief
According to European judges, a bankruptcy procedure subject to the ascertainment of insolvency is sufficient to make a company fall among the "companies in difficulty" for the purposes of European rules on State aidNor does the fact that the procedure is aimed at restoring the company to profitability change the situation.
Furthermore, European rules excluding companies in difficulty from incentives for energy-intensive businesses cannot be derogated. The Court clarified that the European Commission, by establishing the guidelines on rescue and restructuring aid, intentionally limited its own discretion: a derogation would violate general principles of EU law, including equal treatment and the protection of legitimate expectations. Furthermore, aid to energy-intensive companies cannot be equated with rescue aid because they pursue different objectives.
The sentence does not close the dispute, however: it will be now the Italian administrative judge to have to verify the specific case and decide on the basis of the principles established by the Court of Justice.
Ex-Ilva: €100,5 million coming, but many unknowns remain.
The issue of energy costs thus comes at an already delicate time for the former Ilva, in which resources and solutions are being sought to keep the plants afloat while their future remains to be determined. Just yesterday, the Senate definitively approved the provision that provides up to 100,5 million euros in new financing for Acciaierie d'Italia in extraordinary administration.
The new resources must be repaid within six months of the expiration of the lease or the sale of the company. The same provision also refers to the regime for plants of national strategic interest and the application of the state AIA. However, the financial support does not resolve the main issue of the dispute: the continuity of production and, in particular, the fate of thehot area of the Taranto plant.
On this front, two judicial appointments are approaching that could affect the developments of the case. The hearing is scheduled for September 30th before the Court of Appeal of Milan. the hearing on the request for suspension presented by the company in relation to the closure of the hot area. 20 October, instead, the question will come before the Court of Cassation, United Sections.
