CELEX: 62009CA0319
Language: en
Date: 2011-12-21 00:00:00
Title: Case C-319/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — ACEA SpA v Iride Spa, formerly AEM SpA, European Commission (Appeals — 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 — Article 87 EC — Concept of ‘aid’ — Article 88 EC — Concept of ‘new aid’ — Regulation (EC) No 659/1999 — Articles 1 and 14 — Lawfulness of a recovery order — Duty to state reasons)

18.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 49/4
            
         Judgment of the Court (Sixth Chamber) of 21 December 2011 — ACEA SpA v Iride Spa, formerly AEM SpA, European Commission
   (Case C-319/09 P) (1)
   
   (Appeals - 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 - Article 87 EC - Concept of ‘aid’ - Article 88 EC - Concept of ‘new aid’ - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Duty to state reasons)
   2012/C 49/06
   Language of the case: Italian
   
      Parties
   
   
      Appellant: ACEA SpA (represented by: L. Radicati di Brozolo, A. Giardina and T. Ubaldi, avvocati)
   
      Other parties to the proceedings: European Commission (represented by: E. Righini, V. Di Bucci and D. Grespan, Agents), Iride SpA, formerly AEM Spa (represented by: L. Radicati di Brozolo, M. Merola, T. Ubaldi and A. Santa Maria, avvocati)
   
      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-297/02 ACEA v Commission by which the General Court dismissed the action brought 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 main appeal and the cross-appeal.
            
         
               2.
            
            
               Orders ACEA SpA to pay the costs of the main appeal.
            
         
               3.
            
            
               Orders the European Commission to pay the costs of the cross-appeal.
            
         
               4.
            
            
               Orders Iride SpA to pay its own costs.
            
         
      (1)  OJ C 267, 7.11.2009.