Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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.