CELEX: 62009CA0480
Language: en
Date: 2010-12-16 00:00:00
Title: 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)

19.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/15
            
         Judgment of the Court (Second Chamber) of 16 December 2010 — AceaElectrabel Produzione SpA v European Commission, Electrabel SA
   (Case C-480/09 P) (1)
   
   (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.
            
         
      (1)  OJ C 24, 30.1.2010.