Language of document :

Judgment of the Court of First Instance of 11 June 2009 - ASM Brescia v Commission

(Case T-189/03) 1

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Individual concern - Admissibility - Article 87(3)(c) EC - Article 86(2) EC)

Language of the case: Italian

Parties

Applicant: ASM Brescia SpA (Brescia, Italy) (represented by: F. Capelli, F. Vitale and M. Valcada, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:

Dismisses the action;

Orders ASM Brescia SpA to bear its own costs as well as those incurred by the Commission.

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1 - OJ C 184, 2.8.2003.