Language of document :

Judgment of the Court of First Instance of 8 September 2009 - AceaElectrabel v Commission

(Case T-303/05) 1

(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.

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1 - OJ C 257 of 15.10.2005.