Judgment of the Court of First Instance of 4 September 2009 — Italy v Commission

(Case T-211/05) (1)

(State aid - Aid scheme implemented by the Italian authorities in favour of newly listed companies - Decision declaring the aid incompatible with the common market and ordering its recovery - Obligation to state reasons - Selective nature - Effect on trade between Member States - Adverse effect on competition)

2009/C 256/36

Language of the case: Italian

Parties

Applicant: Italian Republic (represented initially by I. Braguglia, subsequently by R. Adam and lastly by I. Bruni, acting as Agents, and P. Gentili, lawyer)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, acting as Agents)

Re:

Application for annulment of Commission Decision 2006/261/EC of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies (OJ 2006 L 94, p. 42).

Operative part of the judgment

The Court:

(1)  OJ C 182, 23.7.2005.