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Case T-303/05: Judgment of the Court of First Instance of 8 September 2009 — AceaElectrabel v Commission (State aid — Energy sector — Investment aid for the construction of a distance heating system — Decision declaring the aid compatible with the common market — Obligation to repay first aid declared unlawful and incompatible with the common market — Concept of economic unit)
ECLI:EU:UNKNOWN:62005TA0303
62005TA0303
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24.10.2009
Official Journal of the European Union
C 256/21
(Case T-303/05) (<span class="super">1</span>)
(State aid - Energy sector - Investment aid for the construction of a distance heating system - Decision declaring the aid compatible with the common market - Obligation to repay first aid declared unlawful and incompatible with the common market - Concept of economic unit)
2009/C 256/37
Language of the case: Italian
Parties
Applicant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo, M. Merola, C. Bazoli and F. D'Alessandri, lawyers)
Defendant: Commission of the European Communities (represented by: V. DiBucci and E. Righini, agents)
Intervener in support of the applicant: Electrabel (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)
Re:
Annulment of Commission Decision 2006/598/EC of 16 March 2005 concerning State aid that Italy (Regione Lazio) intends to grant for the reduction of greenhouse gas emissions (OJ 2006 L 244, p. 8)
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders AceaElectrabel to pay the costs, except those referred to in point 3 below;
3.orders Electrabel to bear its own costs and to pay the costs incurred by the Commission as a result of its intervention.
(<span class="super">1</span>) OJ C 257 of 15.10.2005.