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Document 62009CJ0329

Judgment of the Court (Sixth Chamber) of 21 December 2011.
Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission.
Appeal - 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.
Case C-329/09 P.

European Court Reports 2011 -00000

ECLI identifier: ECLI:EU:C:2011:859





Judgment of the Court (Sixth Chamber) of 21 December 2011 – Iride, formerly Azienda Mediterranea Gas e Acqua v Commission

(Case C-329/09 P)

Appeal – 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 in bringing proceedings

1.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 34-36)

2.                     Appeals – Classification of an application made by the respondent seeking only the replacement of grounds – Application inadmissible if there is no legal interest in bringing proceedings (see para. 50)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T‑300/02 AMGA v Commission , by which that court rejected as inadmissible an 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

The Court:

1.

Dismisses the appeal;

2.

Orders Iride SpA to pay the costs of the appeal proceedings;

3.

Orders the European Commission to pay the costs relating to the request for replacement of grounds.

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