CELEX: C2002/289/71
Language: en
Date: 2002-11-23 00:00:00
Title: Case T-301/02: Action brought on 30 September 2002 by AEM S.p.A. against the Commission of the European Communities

23.11.2002            EN                        Official Journal of the European Communities                                          C 289/39
Action brought on 30 September 2002 by Amga —                              Action brought on 30 September 2002 by AEM S.p.A.
Azienda Mediterranea Gas e Acqua SpA against the                             against the Commission of the European Communities
         Commission of the European Communities
                                                                                                    (Case T-301/02)
                        (Case T-300/02)
                                                                                                    (2002/C 289/71)
                        (2002/C 289/70)
                                                                                              (Language of the case: Italian)
                   (Language of the case: Italian)
                                                                           An action against the Commission of the European Communi-
An action against the Commission of the European Communi-                  ties was brought before the Court of First Instance of the
ties was brought before the Court of First Instance of the                 European Communities on 30 September 2002 by AEM
European Communities on 30 September 2002 by Amga                          S.p.A., represented by Andrea Giardina, Carlo Croff, Alberto
— Azienda Mediterranea Gas e Acqua SpA, represented by                     Santa Maria and Giuseppe Pizzonia, lawyers.
Luca G. Radicati di Brozolo and Massimo Merola, lawyers.
                                                                           The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                           —     annul the Commission’s decision of 5 June 2002 (State
—     annul the Commission’s decision of 5 June 2002 (State                      Aid No C.27/99) in so far as it declares that the three-
      Aid No C.27/99) in so far as it declares unlawful and                      year tax regime relating to the profits of local public
      incompatible with the common market the three-year                         service undertakings the majority of the shares in which
      exemption from tax on profits granted by Italy to local                    are publicly owned, as introduced by Article 3(70) of Law
      public service undertakings the majority of the shares                     No 549 of 28 December 1995 and Article 66(14) of
      in which are publicly owned within the meaning of                          Decree-Law No 331 of 30 August 1993 (converted into
      Article 3(70) of Law No 549/1995, and loans granted on                     Law No 427 of 29 October 1993), constitutes State aid
      preferential terms pursuant to Article 9a of Decree-Law                    which is incompatible with the common market (Article 2
      No 488/1986, and in so far as it requires Italy to recover                 of the decision), and in so far as it requires Italy to recover
      the aid in question from the recipients thereof, including                 the aid in question from the recipients thereof (Article 3
      the applicant (Articles 2 and 3 of the decision);                          of the decision);
—     order the Commission to pay the costs.                               —     order the Commission to pay the costs.
Pleas in law and main arguments                                            Pleas in law and main arguments
The pleas in law and main arguments are similar to those                   The pleas in law and main arguments are similar to those
advanced in Case T-292/02 Confederazione Nazionale dei                     advanced in Case T-292/02 Confederazione Nazionale dei
Servizi v Commission and Case T-297/02 ACEA S.p.A. v                       Servizi v Commission, Case T-297/02 ACEA S.p.A. v Com-
Commission.                                                                mission and Case T-300/02 Amga S.p.A. v Commission.