Keywords
Subject of the case
Operative part

Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision prohibiting a sectoral aid scheme – Action brought by an undertaking having received individual aid granted under that scheme and that must be recovered – Admissibility (Art. 230, fourth para., EC) (see paras 54-59)

2. Actions for annulment – Legal interest in bringing proceedings – Condition – Action capable of procuring an advantage for the party bringing it – Commission decision on the recovery of State aid (see paras 67-69)

3. Appeals – Pleas in law – Inadequate statement of reasons – Reliance by the Court of First Instance on implied reasoning – Whether permissible – Conditions (Art. 225 EC; Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 82)

4. Appeals – Pleas in law – 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 114-116)

5. Appeals – Pleas in law – Plea directed against a ground of the judgment not necessary in order to support the operative part – Plea in law ineffective (see para. 120)

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‑297/02 ACEA v Commission by which that 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

Operative part

The Court:

1. Dismisses the main appeal and the cross-appeal;

2. Orders ACEA SpA to pay the costs of the main appeal;

3. Orders the European Commission to pay the costs of the cross-appeal;

4. Orders Iride SpA to pay its own costs.