CELEX: 62002TA0301
Language: en
Date: 2009-06-11 00:00:00
Title: Case T-301/02: Judgment of the Court of First Instance of 11 June 2009 — AEM v Commission (State aid — Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates — Decision declaring the aid incompatible with the common market — Actions for annulment — Individual concern — Admissibility — Existing aid or new aid — Article 87(3)(c) EC)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/39
            
         Judgment of the Court of First Instance of 11 June 2009 — AEM v Commission
   (Case T-301/02) (1)
   
   (State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Individual concern - Admissibility - Existing aid or new aid - Article 87(3)(c) EC)
   2009/C 180/70
   Language of the case: Italian
   
      Parties
   
   
      Applicant: AEM SpA (Milan, Italy) (represented by: A. Giardina, C. Croff, A. Santa Maria and G. Pizzonia, lawyers)
   
      Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
   
      Intervener in support of the applicant: ASM Brescia SpA (Brescia, Italy) (represented by: G. Caia, V. Salvadori, N. Pisani and F. Capelli, lawyers)
   
      Re:
   
   Application 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 action;
            
         
               2.
            
            
               Orders AEM SpA to pay its costs and those of the Commission;
            
         
               3.
            
            
               Orders ASM Brescia SpA to bear its own costs.
            
         
      (1)  OJ C 289, 23.11.2002.