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(Case T-222/04)(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 - Existing aid or new aid - Article 86(2) EC)
2009/C 180/75
Language of the case: Italian
Applicant: Italian Republic (represented: initially, by I. Braguglia and, subsequently, by R. Adam and I. Bruni, Agents, and M. Fiorilli, avvocato dello Stato)
Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
Application for annulment of Article 2 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).
The Court:
1.Dismisses the action;
2.Orders the Italian Republic to pay its own costs as well as those incurred by the Commission.
(1) OJ C 233, 28.9.2002 (formerly Case C-290/02).