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Case C-319/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — ACEA SpA v Iride Spa, formerly AEM SpA, European Commission (Appeals — 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 — Article 87 EC — Concept of ‘aid’ — Article 88 EC — Concept of ‘new aid’ — Regulation (EC) No 659/1999 — Articles 1 and 14 — Lawfulness of a recovery order — Duty to state reasons)
ECLI:EU:UNKNOWN:62009CA0319
62009CA0319
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18.2.2012
Official Journal of the European Union
C 49/4
(Case C-319/09 P) (<span class="super">1</span>)
(Appeals - 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 - Article 87 EC - Concept of ‘aid’ - Article 88 EC - Concept of ‘new aid’ - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Duty to state reasons)
2012/C 49/06
Language of the case: Italian
Parties
Appellant: ACEA SpA (represented by: L. Radicati di Brozolo, A. Giardina and T. Ubaldi, avvocati)
Other parties to the proceedings: European Commission (represented by: E. Righini, V. Di Bucci and D. Grespan, Agents), Iride SpA, formerly AEM Spa (represented by: L. Radicati di Brozolo, M. Merola, T. Ubaldi and A. Santa Maria, avvocati)
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-297/02 ACEA v Commission by which the General 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 of the judgment
The Court:
1.Dismisses the main appeal and the cross-appeal.
2.Orders ACEA SpA to pay the costs of the main appeal.
3.Orders the European Commission to pay the costs of the cross-appeal.
4.Orders Iride SpA to pay its own costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.