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Case C-318/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — A2A SpA, formerly ASM Brescia SpA v European Commission (Appeals — State aid — Aid granted to public utilities — Tax exemptions — Decision declaring the aid scheme incompatible with the common market — Action for annulment — Admissibility — Standing — Legal interest — Article 87 EC — Concept of ‘aid’ — Article 88 EC — Concept of ‘new aid’ — Article 10 EC — Duty of loyal cooperation — Regulation (EC) No 659/1999 — Articles 1 and 14 — Lawfulness of a recovery order — Principle of legal certainty — Duty to state reasons)
ECLI:EU:UNKNOWN:62009CA0318
62009CA0318
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Official Journal of the European Union
C 49/3
(Case C-318/09 P) (<span class="super">1</span>)
(Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of ‘aid’ - Article 88 EC - Concept of ‘new aid’ - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons)
2012/C 49/05
Language of the case: Italian
Parties
Appellant: A2A SpA, formerly ASM Brescia SpA (represented by: A. Santa Maria, A. Giardina, C. Croff and G. Pizzonia, avvocati)
Other party to the proceedings: European Commission (represented by: E. Righini, V. Di Bucci and D. Grespan, Agents)
Re:
Appeal brought against the judgment of the Court of First Instance (now the General Court) (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T-189/03 ASM Brescia SpA v Commission by which the General Court dismissed the action brought 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 main appeal and the cross-appeal.
2.Orders A2A SpA to pay the costs of the main appeal.
3.Orders the European Commission to pay the costs of the cross-appeal.
(<span class="super">1</span>) OJ C 267, 7.11.2009.