Notice for the OJ
Action brought on 30 November 2001 by Alitalia - Linee aeree italiane S.p.A. against the Commission of the European Communities
(Case T-301/01)
(Language of the case: Italian)
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 30 November 2001 by Alitalia - Linee aeree italiane S.p.A., represented by Mario Siragusa, Gian Michele Roberti, Giuseppe Scassellati, Francesca Maria Moretti and Francesco Sciaudone, lawyers.
The applicant claims that the Court should:
(annul the second decision in its entirety;
(in the alternative, annul Article 1 of the second decision in so far as it subjects compatibility of the injection of capital to compliance with the conditions laid down in the first decision;
(order the Commission to pay the costs.
Pleas in law and main arguments
The present action has been brought against Commission Decision 2001/723/EC of 18 July 2001 concerning the recapitalisation of the applicant company.
1 The applicant claims that that decision reproduces the wording of Articles 1, 2 and 3 of Decision 97/789/EC, whereby the defendant authorised the aid granted by Italy to Alitalia, in the shape of a contribution of capital totalling ITL 2 750 billion intended to cover the restructuring of the company. The action against the latter decision was upheld by the Court
2 on the grounds of failure to state reasons and manifest error of assessment.
In support of its arguments, the applicant claims:
(infringement of Article 233 EC;
(infringement of Article 88(2) EC inasmuch as the Commission could not, in the present case, adopt a new decision of content identical to the preceding annulled decision without initiating once again the procedure provided for therein.
(breach of the principle of sound administration, legal certainty and legitimate expectations, as well as of the obligation imposed by Article 4(5) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 EC,
3 inasmuch as the aforementioned general principles and provision required the Commission to act within two months;
(breach of the rights of defence of the applicant, given that it was impossible for the applicant to defend itself by participating in the administrative procedure leading to the adoption of the contested act;
(breach of the obligation to provide a statement of reasons.
____________1 - ( ( TEXTE DE LA NOTE ( OJ 2001 L 271, p. 28 ( TEXTE DE LA NOTE ( 2 - ( ( TEXTE DE LA NOTE ( Case T-296/97 Alitalia v Commission [2000] ECR II-3871 ( TEXTE DE LA NOTE ( 3 - ( ( TEXTE DE LA NOTE ( OJ 1999 L 83, p. 1 ( TEXTE DE LA NOTE (