Case T-25/07: Judgment of the Court of First Instance of 11 February 2009 — Iride and Iride Energia v Commission (State aid — Energy sector — Compensation for stranded costs — Decision declaring aid compatible with the common market — Obligation for the recipient undertaking first to repay earlier aid declared unlawful — State resources — Advantage — Obligation to state reasons)
Date: 2009-02-11
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), energy industry, liberalisation of the market, redemption, tax exemption

21.3.2009

EN

Official Journal of the European Union

C 69/35

Judgment of the Court of First Instance of 4 February 2009
— Omya v Commission

Judgment of the Court of First Instance of 11 February
2009 — Iride and Iride Energia v Commission

(Case T-145/06) (1)

(Case T-25/07) (1)

(Competition — Concentrations — Request for information
— Article 11(3) of Regulation (EC) No 139/2004 — Need for
the information requested — Proportionality — Reasonable
time — Misuse of powers — Breach of the principle of legiti-
mate expectation)

(State aid — Energy sector — Compensation for stranded
costs — Decision declaring aid compatible with the common
market — Obligation for the recipient undertaking first to
repay earlier aid declared unlawful — State resources —
Advantage — Obligation to state reasons)

(2009/C 69/81)

(2009/C 69/82)

Language of the case: English

Language of the case: Italian

Parties

Parties

Applicant: Omya AG (Oftringen, Switzerland) (represented by: C.
lawyer, and J.
Ahlborn, C. Berg, Solicitors, C. Pinto Correia,
Flynn QC)

Applicants: Iride SpA (Turin, Italy); and Iride Energia SpA (Turin)
(represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli,
lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by V. Di Bucci, X. Lewis, R. Sauer, A. Whelan
and F. Amato, and subsequently by V. Di Bucci, X Lewis,
R. Sauer and A. Whelan, Agents)

Defendant: Commission of the European Communities (repre-
sented by: E. Righini and G. Conte, acting as Agents)

Re:

Re:

Application for the annulment of the Commission's decision of
8 March 2006 adopted pursuant to Article 11(3) of Regulation
(EC) No 139/2004 of 20 January 2004 on the control of
concentrations between undertakings (OJ 2004 L 24, p. 1), and
requesting the correction of the information communicated in
the context of the examination of (Case COMP/M. 3796 Omya
v J.M. Huber PCC)

of

for

annulment

Application
Commission Decision
2006/941/EC of 8 November 2006 on State aid C 11/06
(ex N 127/05) which Italy is planning to implement for AEM
Torino (OJ 2006 L 366, p. 62), in the form of grants to reim-
burse the stranded costs in the energy sector, in so far as (i) it
contains a finding of State aid and (ii) it makes compatibility of
that aid with the common market conditional upon reimburse-
ment by AEM Torino of earlier unlawful aid granted under the
scheme for ‘municipalised’ undertakings.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

1. Dismisses the action.

2. Orders Omya AG to pay the costs.

2. Orders Iride SpA and Iride Energia SpA to pay the costs.

(1) OJ C 165, 15.7.2006.

(1) OJ C 69, 24.3.2007.