|
1.8.2009 |
EN |
Official Journal of the European Union |
C 180/39 |
Judgment of the Court of First Instance of 11 June 2009 — AEM v Commission
(Case T-301/02) (1)
(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Individual concern - Admissibility - Existing aid or new aid - Article 87(3)(c) EC)
2009/C 180/70
Language of the case: Italian
Parties
Applicant: AEM SpA (Milan, Italy) (represented by: A. Giardina, C. Croff, A. Santa Maria and G. Pizzonia, lawyers)
Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)
Intervener in support of the applicant: ASM Brescia SpA (Brescia, Italy) (represented by: G. Caia, V. Salvadori, N. Pisani and F. Capelli, lawyers)
Re:
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 of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders AEM SpA to pay its costs and those of the Commission; |
|
3. |
Orders ASM Brescia SpA to bear its own costs. |