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Case C-329/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission, A2A SpA, formerly ASM Brescia SpA (Appeal — 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)
ECLI:EU:UNKNOWN:62009CA0329
62009CA0329
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18.2.2012
Official Journal of the European Union
C 49/5
(Case C-329/09 P) (<span class="super">1</span>)
(Appeal - 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)
2012/C 49/08
Language of the case: Italian
Parties
Appellant: Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA (represented by: L. Radicati di Bronzolo, M. Merola and T. Ubaldi, avvocati)
Other parties to the proceedings: European Commission (represented by: V. Di Bucca, E. Righini and D. Grespan, Agents), A2A SpA, formerly ASM Brescia SpA
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-300/02 AMGA v Commission, by which the General Court rejected as inadmissible an application for the 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 appeal.
2.Orders Iride SpA to pay the costs of the appeal proceedings.
3.Orders the European Commission to pay the costs relating to the request for replacement of grounds.
(<span class="super">1</span>) OJ C 267, 7.11.2009.