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Case T-301/01: Judgment of the Court of First Instance of 9 July 2008 — Alitalia v Commission (State aid — Recapitalisation of Alitalia by the Italian authorities — Decision declaring the aid compatible with the common market — Decision taken following a judgment of the Court of First Instance annulling an earlier decision — Admissibility — Infringement of Article 233 EC — Infringement of Articles 87 EC and 88 EC — Conditions for authorising the aid — Obligation to state the reasons on which the decision is based)

ECLI:EU:UNKNOWN:62001TA0301

62001TA0301

January 1, 2001
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15.8.2008

Official Journal of the European Union

C 209/39

(Case T-301/01)(State aid - Recapitalisation of Alitalia by the Italian authorities - Decision declaring the aid compatible with the common market - Decision taken following a judgment of the Court of First Instance annulling an earlier decision - Admissibility - Infringement of Article 233 EC - Infringement of Articles 87 EC and 88 EC - Conditions for authorising the aid - Obligation to state the reasons on which the decision is based)

(2008/C 209/65)

Language of the case: Italian

Parties

Applicant: Alitalia — Linee Aeree Italiane Spa (Rome, Italy) (represented by: M. Siragusa, G. M. Roberti, G. Scassellati Sforzolini, F. Moretti and F. Sciaudone, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, acting as Agent, and A. Abate and G. Conte, lawyers)

Re:

Application for the annulment of Commission Decision 2001/723/EC of 18 July 2001 concerning the recapitalisation of the company Alitalia (OJ 2001 L 271, p. 28).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Alitalia — Linee aeree italiane Spa to pay the costs.

* * *

(1) OJ C 44, 16.2.2002.

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