Judgment of the Court of First Instance of 8 September 2009 - AceaElectrabel v Commission
(State aid - Energy sector - Investment aid for the construction of a distance heating system - Decision declaring the aid compatible with the common market - Obligation to repay first aid declared unlawful and incompatible with the common market - Concept of economic unit)
Language of the case: Italian
Parties
Applicant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo, M. Merola, C. Bazoli and F. D'Alessandri, lawyers)
Defendant: Commission of the European Communities (represented by: V. DiBucci and E. Righini, agents)
Intervener in support of the applicant: Electrabel (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)
Re:
Annulment of Commission Decision 2006/598/EC of 16 March 2005 concerning State aid that Italy (Regione Lazio) intends to grant for the reduction of greenhouse gas emissions (OJ 2006 L 244, p. 8)
Operative part of the judgment
The Court:
dismisses the action;
orders AceaElectrabel to pay the costs, except those referred to in point 3 below;
orders Electrabel to bear its own costs and to pay the costs incurred by the Commission as a result of its intervention.
____________1 - OJ C 257 of 15.10.2005.