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Judgment of the Court of First Instance (Fifth Chamber) of 4 March 2009.#Italian Republic v Commission of the European Communities.#State aid - Aid scheme established by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies - Decision declaring the aid to be incompatible with the common market - Obligation to state reasons - Selective nature of the measure - Effect on trade between the Member States and distortion of competition - Article 87(3)(c) EC.#Case T-424/05.
ECLI:EU:T:2009:49
62005TJ0424
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(Case T-424/05)
State aid – Aid scheme established by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies – Decision declaring the aid incompatible with the common market – Obligation to state reasons – Selective nature of the measure – Effect on trade between the Member States and distortion of competition – Article 87(3)(c) EC
1. Acts of the institutions – Statement of reasons – Contradiction – Effects (Art. 253 EC) (see para 67)
6. State aid – Prohibition – Exceptions (Art. 87(3)(c) EC) (see paras 174-175, 179)
Re:
ACTION for annulment of Commission Decision 2006/638/EC of 6 September 2005 on the aid scheme implemented by Italy for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies listed on regulated markets (OJ 2006 L 268, p. 1).
Operative part
The Court:
1.Dismisses the action;
2.Orders the Italian Republic to pay the costs.