(Case C-320/09 P)

Appeal – State aid – Aid granted to public utilities – Tax exemptions – Decision declaring the aid scheme incompatible with the common market – Action for annulment – Admissibility – Locus standi – Legal interest in bringing proceedings – Article 87 EC – Concept of ‘aid’ – Article 88 EC – Concept of ‘new aid’ – Article 10 EC – Duty to cooperate in good faith – Regulation (EC) No 659/1999 – Articles 1 and 14 – Lawfulness of a recovery order – Principle of legal certainty – Duty to state reasons

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T‑301/02 AEM v Commission by which that court dismissed the action brought 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

The Court:

1.Dismisses the main appeal and the cross‑appeal;

2.Orders A2A SpA to pay the costs of the main appeal;

3.Orders the European Commission to pay the costs of the cross‑appeal.