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1.8.2009 |
EN |
Official Journal of the European Union |
C 180/38 |
Judgment of the Court of First Instance of 11 June 2009 — ACEA v Commission
(Case T-297/02) (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 - Individual concern - Admissibility - Existing aid or new aid - Article 87(3)(c) EC)
2009/C 180/68
Language of the case: Italian
Parties
Applicant: ACEA SpA (Rome, Italy) (represented by: A. Giardina, L. Radicati di Brozolo and V. Puca, lawyers)
Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
Interveners in support of the applicant: ACSM Como SpA (Como, Italy) (represented by L. Radicati di Brozolo and M. Merola, lawyers) and AEM — Azienda Energetica Metropolitana Torino SpA (Turin, Italy) (represented by M. Merola and L. Radicati di Brozolo, lawyers)
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:
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1. |
Dismisses the action as inadmissible in so far as it relates to the Cassa Depositi e Prestiti loans. |
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2. |
Dismisses the remainder of the action as unfounde. |
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3. |
Orders ACEA SpA to bear its own costs as well as those incurred by the Commission. |
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4. |
Orders ACSM Como SpA and AEM — Azienda Energetica Metropolitana Torino SpA to bear their own costs. |