CELEX: 62009CA0329
Language: en
Date: 2011-12-21 00:00:00
Title: Case C-329/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission, A2A SpA, formerly ASM Brescia SpA (Appeal — 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)

18.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 49/5
            
         Judgment of the Court (Sixth Chamber) of 21 December 2011 — Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission, A2A SpA, formerly ASM Brescia SpA
   (Case C-329/09 P) (1)
   
   (Appeal - 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)
   2012/C 49/08
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA (represented by: L. Radicati di Bronzolo, M. Merola and T. Ubaldi, avvocati)
   
      Other parties to the proceedings: European Commission (represented by: V. Di Bucca, E. Righini and D. Grespan, Agents), A2A SpA, formerly ASM Brescia SpA
   
      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-300/02 AMGA v Commission, by which the General Court rejected as inadmissible an application for the 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 appeal.
            
         
               2.
            
            
               Orders Iride SpA to pay the costs of the appeal proceedings.
            
         
               3.
            
            
               Orders the European Commission to pay the costs relating to the request for replacement of grounds.
            
         
      (1)  OJ C 267, 7.11.2009.