CELEX: 62009CJ0329
Language: en
Date: 2011-12-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 21 December 2011. # Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission. # 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. # Case C-329/09 P.

Judgment of the Court (Sixth Chamber) of 21 December 2011 – Iride, formerly Azienda Mediterranea Gas e Acqua v Commission
      (Case C-329/09 P)
      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 in bringing proceedings
      1.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts
            and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of
            Justice, Art. 58, first para.) (see paras 34-36)
      2.                     Appeals – Classification of an application made by the respondent seeking only the replacement of grounds – Application inadmissible
            if there is no legal interest in bringing proceedings (see para. 50)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Eighth Chamber, Extended Composition) of 11 June 2009
                  in Case T‑300/02 
               
               AMGA
                v 
               Commission
               , by which that court rejected as inadmissible an 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
      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.