1.8.2009   

EN

Official Journal of the European Union

C 180/39


Judgment of the Court of First Instance of 11 June 2009 — Acegas v Commission

(Case T-309/02) (1)

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Not individually concerned - Inadmissibility)

2009/C 180/71

Language of the case: Italian

Parties

Applicant: Acegas-APS SpA, formerly Acqua, Elettricità, Gas e servizi SpA (Acegas) (Trieste, Italy) (represented by: F. Devescovi, F. Ferletic, L. Daniele, F. Spitareli and S. Gobbato, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders Acegas-APS SpA to pay the costs.


(1)  OJ C 289, 23.11.2002.