CELEX: 62009CJ0318
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'
Article 10 EC
Duty of loyal cooperation
Regulation (EC) No 659/1999
Articles 1 and 14
Lawfulness of a recovery order
Principle of legal certainty
Duty to state reasons

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber, Extended Composition) of 11 June 2009
in Case T‑189/03
ASM Brescia
v
Commission
by which that 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
The Court:
1.
Dismisses the main appeal and the cross-appeal;
2.
Orders A2A SpA to pay the costs of the main appeal;
3.
Orders the European Commission to pay the costs of the cross-appeal.