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Case T-332/06: Judgment of the Court of First Instance of 25 March 2009 — Alcoa Trasformazioni v Commission (State aid — Electricity — Preferential tariff — Decision initiating the procedure under Article 88(2) EC — Admissibility — Notion of State aid — New aid or existing aid — Advantage — Statement of reasons — Legitimate expectations — Legal certainty)
ECLI:EU:UNKNOWN:62006TA0332
62006TA0332
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16.5.2009
Official Journal of the European Union
C 113/32
(Case T-332/06)
(State aid - Electricity - Preferential tariff - Decision initiating the procedure under Article 88(2) EC - Admissibility - Notion of State aid - New aid or existing aid - Advantage - Statement of reasons - Legitimate expectations - Legal certainty)
2009/C 113/65
Language of the case: English
Parties
Applicant: Alcoa Trasformazioni Srl (Portoscuso, Italy) (represented by: M. Siragusa, T. Müller-Ibold, F. Salerno and T. Graf, lawyers)
Defendant: Commission of the European Communities (represented by: N. Khan, E. Righini and C. Urraca Caviedes, acting as Agents)
Re:
Application for annulment of Commission Decision 2006/C 214/03, notified to the Italian Republic by letter of 19 July 2006, initiating the procedure laid down in Article 88(2) EC, concerning State aid C 36/06 (ex NN 38/06) — Preferential electricity tariff to energy intensive industries in Italy, in so far as that decision relates to the electricity tariffs applicable to the two primary aluminium plants owned by Alcoa Trasformazioni.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Alcoa Trasformazioni Srl to bear its own costs and to pay those incurred by the Commission.
(<span class="super">1</span>) OJ C 326, 30.12.2006.
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