Judgment — ECLI:EU:C:2011:856
Date: 2011-12-21
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Judgment of the Court (Sixth Chamber) of 21 December 2011 - A2A SpA, formerly ASM Brescia SpA v European Commission (Case C-318/09 P)  (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) Language of the case: Italian Parties Appellant: A2A SpA, formerly ASM Brescia SpA (represented by: A. Santa Maria, A. Giardina, C. Croff and G. Pizzonia, avvocati) Other party to the proceedings: European Commission (represented by: E. Righini, V. Di Bucci and D. Grespan, Agents) Re: Appeal brought against the judgment of the Court of First Instance (now the General Court) (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T-189/03 ASM Brescia SpA v Commission by which the General 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 of the judgment 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. ____________ 1 - OJ C 267, 7.11.2009.