Notice for the OJ

 

Action brought on 30 September 2002 by ACEA S.p.A. against the Commission of the European Communities

    (Case T-297/02)

    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 September 2002 by ACEA S.p.A., represented by Andrea Giardina, Luca G. Radicati di Brozolo and Vincenzo Puca, avvocati.

The applicant claims that the Court should:

(annul the Commission's decision of 5 June 2002 (State Aid No C.27/99) in so far as it declares unlawful and incompatible with the common market the three-year exemption from tax on profits granted by Italy to local public service undertakings the majority of the shares in which are publicly owned within the meaning of Article 3(70) of Law No 549/1995, and loans granted on preferential terms pursuant to Article 9a of Decree-Law No 488/1986, and in so far as it requires Italy to recover the aid in question from the recipients thereof, including the applicant (Articles 2 and 3 of the decision);

(order the Commission to pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are similar to those advanced in Case T-292/02 Confederazione Nazionale dei Servizi v Commission.

In particular, the applicant pleads that the measures at issue cannot constitute State aid, inasmuch as the companies benefitting from the system in question do not operate within a framework of competition. Furthermore, even if the measures at issue were to be regarded as State aid and were not classified as existing aid, they should be regarded as compatible aid within the meaning of Article 87(3)(c) EC.

In addition, the contested act infringes the principles of the protection of legitimate expectations and of proportionality, in so far as the Italian State has been ordered by the defendant to recover the alleged aid.

____________