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Document C2007/020/19

Case C-494/06 P: Appeal brought on 30 November 2006 by Commission of the European Communities against the judgment of the Court of First Instance (Second Chamber) delivered on 6 September 2006 in Case T-304/04 Commission of the European Communities v Italian Republic, Wam SpA

OJ C 20, 27.1.2007, p. 13–14 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
OJ C 20, 27.1.2007, p. 12–13 (BG, RO)

27.1.2007   

EN

Official Journal of the European Union

C 20/13

Appeal brought on 30 November 2006 by Commission of the European Communities against the judgment of the Court of First Instance (Second Chamber) delivered on 6 September 2006 in Case T-304/04 Commission of the European Communities v Italian Republic, Wam SpA

(Case C-494/06 P)

(2007/C 20/20)

Language of the case: Italian

Parties

Appellant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Other parties to the proceedings: Italian Republic, Wam SpA

Forms of order sought

—

Set aside the judgment of the Court of First Instance of the European Communities of 6 September 2006 in Joined Cases T-304/04 and T-316/04 Italian Republic and Wam SpA v Commission of the European Communities and, in so doing,

—

give a final ruling on the dispute and dismiss the action as unfounded;

—

in the alternative, refer the case back to the Court of First Instance for a new ruling;

—

order the Italian Republic and Wam SpA to pay the costs of the proceedings, together with the costs of the proceedings at first instance.

Pleas in law and main arguments

The Commission puts forward a single ground of appeal. In finding that the contested decision failed to give adequate reasons to enable the effect of the aid on trade and competition to be identified, the Court of First Instance has infringed Article 87(1) EC, read in conjunction with Article 253 EC, and has stated contradictory grounds for the judgment.

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