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Document 62002TA0301

Case T-301/02: Judgment of the Court of First Instance of 11 June 2009 — AEM v Commission (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)

IO C 180, 1.8.2009, p. 39–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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.


(1)  OJ C 289, 23.11.2002.


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