CELEX: 62005TA0303
Language: en
Date: 2009-09-08 00:00:00
Title: Case T-303/05: Judgment of the Court of First Instance of 8 September 2009 — AceaElectrabel v Commission (State aid — Energy sector — Investment aid for the construction of a distance heating system — Decision declaring the aid compatible with the common market — Obligation to repay first aid declared unlawful and incompatible with the common market — Concept of economic unit)

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/21
            
         Judgment of the Court of First Instance of 8 September 2009 — AceaElectrabel v Commission
   (Case T-303/05) (1)
   
   (State aid - Energy sector - Investment aid for the construction of a distance heating system - Decision declaring the aid compatible with the common market - Obligation to repay first aid declared unlawful and incompatible with the common market - Concept of economic unit)
   2009/C 256/37
   Language of the case: Italian
   
      Parties
   
   
      Applicant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo, M. Merola, C. Bazoli and F. D'Alessandri, lawyers)
   
      Defendant: Commission of the European Communities (represented by: V. DiBucci and E. Righini, agents)
   
      Intervener in support of the applicant: Electrabel (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)
   
      Re:
   
   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, p. 8)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               dismisses the action;
            
         
               2.
            
            
               orders AceaElectrabel to pay the costs, except those referred to in point 3 below;
            
         
               3.
            
            
               orders Electrabel to bear its own costs and to pay the costs incurred by the Commission as a result of its intervention.
            
         
      (1)  OJ C 257 of 15.10.2005.