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Case T-301/02: Judgment of the Court of First Instance of 11 June 2009 — AEM v Commission (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)
ECLI:EU:UNKNOWN:62002TA0301
62002TA0301
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Official Journal of the European Union
C 180/39
(Case T-301/02)(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 180/70
Language of the case: Italian
Parties
Applicant: AEM SpA (Milan, Italy) (represented by: A. Giardina, C. Croff, A. Santa Maria and G. Pizzonia, lawyers)
Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
Intervener in support of the applicant: ASM Brescia SpA (Brescia, Italy) (represented by: G. Caia, V. Salvadori, N. Pisani and F. Capelli, 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:
1.Dismisses the action;
2.Orders AEM SpA to pay its costs and those of the Commission;
3.Orders ASM Brescia SpA to bear its own costs.
(1) OJ C 289, 23.11.2002.