CELEX: 62002TA0297
Language: en
Date: 2009-06-11 00:00:00
Title: Case T-297/02: Judgment of the Court of First Instance of 11 June 2009 — ACEA 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 180/38
            
         Judgment of the Court of First Instance of 11 June 2009 — ACEA v Commission
   (Case T-297/02) (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 180/68
   Language of the case: Italian
   
      Parties
   
   
      Applicant: ACEA SpA (Rome, Italy) (represented by: A. Giardina, L. Radicati di Brozolo and V. Puca, lawyers)
   
      Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
   
      Interveners in support of the applicant: ACSM Como SpA (Como, Italy) (represented by L. Radicati di Brozolo and M. Merola, lawyers) and AEM — Azienda Energetica Metropolitana Torino SpA (Turin, Italy) (represented by M. Merola and L. Radicati di Brozolo, 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 as inadmissible in so far as it relates to the Cassa Depositi e Prestiti loans.
            
         
               2.
            
            
               Dismisses the remainder of the action as unfounde.
            
         
               3.
            
            
               Orders ACEA SpA to bear its own costs as well as those incurred by the Commission.
            
         
               4.
            
            
               Orders ACSM Como SpA and AEM — Azienda Energetica Metropolitana Torino SpA to bear their own costs.
            
         
      (1)  OJ C 289, 23.11.2002.