Judgment of the Court of First Instance (First Chamber) of 25 March 2009 – Alcoa Trasformazioni v Commission

(Case T-332/06)

State aid – Electricity – Preferential tariff – Decision initiating the procedure under Article 88(2) EC – Admissibility – Concept of State aid – New aid or existing aid – Advantage – Statement of reasons – Legitimate expectations – Legal certainty

1.                     Actions for annulment – Actionable measures – Measures producing legal effects – Decision to open a formal procedure to investigate a State measure in the course of implementation accompanied by provisional classification as new aid (Arts 87(1) EC, 88(2) and (3) EC and 230 EC) (see paras 34-36)

2.                     State aid – Commission decision to open a formal procedure to investigate a State measure – Provisional nature of the Commission’s assessments (Art. 88(2) EC; Council Regulation No 659/1999, Art. 6) (see paras 59-60)

3.                     State aid – Commission decision to open a formal procedure to investigate a State measure provisionally classified as new aid – Duty to state reasons (Arts 88(2) EC and 253 EC; Council Regulation No 659/1999, Art. 6) (see paras 78-80)

4.                     Community law – Principles – Protection of legitimate expectations – Legal certainty (see paras 102-108)

5.                     State aid – Existing aid and new aid – Modification affecting the substance of a measure not initially classified as aid – Measure having to be investigated in the context of the procedure applicable to new aid (Arts 87 EC and 88 EC) (see paras 128-129)

Re:

APPLICATION for annulment of Commission Decision 2006/C 214/03, notified to the Italian Republic by letter of 19 July 2006, initiating the procedure laid down in Article 88(2) EC, concerning State aid C 36/06 (ex NN 38/06) – Preferential electricity tariff to energy intensive industries in Italy, in so far as that decision relates to the electricity tariffs applicable to the two primary aluminium plants owned by Alcoa Trasformazioni.

Operative part

The Court:

1. Dismisses the action;

2. Orders Alcoa Trasformazioni Srl to bear its own costs and to pay those incurred by the Commission.