This document is an excerpt from the EUR-Lex website
Document 62009CA0319
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)
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)
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)
OJ C 49, 18.2.2012, p. 4–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the main appeal and the cross-appeal. |
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2. |
Orders ACEA SpA to pay the costs of the main appeal. |
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3. |
Orders the European Commission to pay the costs of the cross-appeal. |
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4. |
Orders Iride SpA to pay its own costs. |