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Case T-445/05: Judgment of the Court of First Instance of 4 March 2009 — Associazione italiana del risparmio gestito and Fineco Asset Management v Commission (State aid — Aid scheme implemented 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 — Actions for annulment — Direct and individual concern — Admissibility — Obligation to state the reasons on which the decision is based — Selective nature of the measure — Obligation of recovery)

ECLI:EU:UNKNOWN:62005TA0445

62005TA0445

January 1, 2005
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18.4.2009

Official Journal of the European Union

C 90/24

(Case T-445/05)

(State aid - Aid scheme implemented 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 - Actions for annulment - Direct and individual concern - Admissibility - Obligation to state the reasons on which the decision is based - Selective nature of the measure - Obligation of recovery)

2009/C 90/38

Language of the case: Italian

Parties

Applicants: Associazione italiana del risparmio gestito (Rome, Italy); and Fineco Asset Management SpA (Rome) (represented by: G. Escalar, G. Cipolla and V. Giordano, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Re:

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 of the judgment

The Court:

1.Dismisses the action.

2.Orders the applicants to pay the costs.

(1) OJ C 48, 25.2.2006.

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