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Case C-480/09 P: Judgment of the Court (Second Chamber) of 16 December 2010 — AceaElectrabel Produzione SpA v European Commission, Electrabel SA (Appeal — State aid — Aid declared compatible with the common market — Condition requiring prior repayment by the beneficiary of earlier aid declared unlawful — Concept of ‘economic unit’ — Joint control by two separate parent companies — Distortion of the pleas in law relied on in the application — Errors and defective reasoning)
ECLI:EU:UNKNOWN:62009CA0480
62009CA0480
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19.2.2011
Official Journal of the European Union
C 55/15
(Case C-480/09 P) (<span class="super">1</span>)
(Appeal - State aid - Aid declared compatible with the common market - Condition requiring prior repayment by the beneficiary of earlier aid declared unlawful - Concept of ‘economic unit’ - Joint control by two separate parent companies - Distortion of the pleas in law relied on in the application - Errors and defective reasoning)
2011/C 55/26
Language of the case: Italian
Parties
Appellant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo and M. Merola, avvocati)
Other parties to the proceedings: European Commission (represented by: V. Di Bucci, Agent), Electrabel SA (represented by: L. Radicati di Brozolo and M. Merola, avvocati)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 8 September 2009 in Case T 303/05 AceaElectrabel Produzione SpA v Commission by which the Court of First Instance dismissed the application for 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).
Operative part of the judgment
The Court:
1.dismisses the appeal;
2.orders AceaElectrabel Produzione SpA, in addition to bearing its own costs, to pay those incurred by the European Commission;
3.orders Electrabel SA to bear its own costs.
(<span class="super">1</span>) OJ C 24, 30.1.2010.