Judgment of the Court of First Instance of 11 February 2009 - Iride and Iride Energia v Commission
(State aid - Energy sector - Compensation for stranded costs - Decision declaring aid compatible with the common market - Obligation for the recipient undertaking first to repay earlier aid declared unlawful - State resources - Advantage - Obligation to state reasons)
Language of the case: Italian
Parties
Applicants: Iride SpA (Turin, Italy); and Iride Energia SpA (Turin) (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)
Defendant: Commission of the European Communities (represented by: E. Righini and G. Conte, acting as Agents)
Re:
Application for annulment of Commission Decision 2006/941/EC of 8 November 2006 on State aid C 11/06 (ex N 127/05) which Italy is planning to implement for AEM Torino (OJ 2006 L 366, p. 62), in the form of grants to reimburse the stranded costs in the energy sector, in so far as (i) it contains a finding of State aid and (ii) it makes compatibility of that aid with the common market conditional upon reimbursement by AEM Torino of earlier unlawful aid granted under the scheme for 'municipalised' undertakings.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Iride SpA and Iride Energia SpA to pay the costs.
____________1 - OJ C 69, 24.3.2007.