CELEX: 62005TA0445
Language: en
Date: 2009-03-04 00:00:00
Title: Case T-445/05: Judgment of the Court of First Instance of 4 March 2009 — Associazione italiana del risparmio gestito and Fineco Asset Management v Commission (State aid — Aid scheme implemented by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies — Decision declaring the aid incompatible with the common market — Actions for annulment — Direct and individual concern — Admissibility — Obligation to state the reasons on which the decision is based — Selective nature of the measure — Obligation of recovery)

18.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/24
            
         Judgment of the Court of First Instance of 4 March 2009 — Associazione italiana del risparmio gestito and Fineco Asset Management v Commission
   (Case T-445/05) (1)
   
   (State aid - Aid scheme implemented by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies - Decision declaring the aid incompatible with the common market - Actions for annulment - Direct and individual concern - Admissibility - Obligation to state the reasons on which the decision is based - Selective nature of the measure - Obligation of recovery)
   2009/C 90/38
   Language of the case: Italian
   
      Parties
   
   
      Applicants: Associazione italiana del risparmio gestito (Rome, Italy); and Fineco Asset Management SpA (Rome) (represented by: G. Escalar, G. Cipolla and V. Giordano, lawyers)
   
      Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)
   
      Re:
   
   Annulment of Commission Decision 2006/638/EC of 6 September 2005 on the aid scheme implemented by Italy for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies listed on regulated markets (OJ 2006 L 268, p. 1).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders the applicants to pay the costs.
            
         
      (1)  OJ C 48, 25.2.2006.