Order of the Court of 21 January 2010 — Iride SpA, Iride Energia SpA v European Commission

(Case C-150/09 P) (1)

(Appeal - State aid - Aid declared compatible with the common market on condition that its recipient repays earlier aid declared unlawful - Compatibility with Article 87(1) EC - Errors of law - Distortion of the appellants’ arguments - Failure to state grounds - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 134/21

Language of the case: Italian

Parties

Appellants: Iride SpA, Iride Energia SpA (represented by: L. Radicati di Brozolo, M. Merola and T. Ubaldi, avvocati)

Other party to the proceedings: European Commission (represented by: E. Righini and G. Conte, Agents)

Re:

APPEAL against the judgment of 11 February 2009 in Case T-25/07 Iride SpA and Iride Energia SpA, by which the Court of First Instance (Second Chamber) dismissed an application for annulment of Commission Decision 2006/941/EC of 8 November 2006 concerning State aid C 11/06 (ex N 127/05) which Italy is planning to implement for AEM Torino (OJ 2006 L 366, p. 62) in the form of subsidies intended to reimburse ‘stranded’ costs incurred in the energy sector, in so far as, first, the conclusion of that decision is that the aid constitutes State aid and/or, secondly, that decision makes payment of the aid subject to the condition that AEM Torino reimburse unlawful aid previously granted under the regime for undertakings known as ‘municipalizzate’ (local administrative bodies)

Operative part of the order

The Court:

(1)  OJ C 153, 04.07.2009.