Judgment of the Court (Sixth Chamber) of 21 December 2011 – Iride, formerly Azienda Mediterranea Gas e Acqua v Commission

(Case C-329/09 P)

Appeal – State aid – Aid granted to public utilities – Tax exemptions – Decision declaring the aid scheme incompatible with the common market – Action for annulment – Admissibility – Standing – Legal interest in bringing proceedings

1. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 34-36)

2. Appeals – Classification of an application made by the respondent seeking only the replacement of grounds – Application inadmissible if there is no legal interest in bringing proceedings (see para. 50)

Re:

Operative part

The Court:

1.Dismisses the appeal;

2.Orders Iride SpA to pay the costs of the appeal proceedings;

3.Orders the European Commission to pay the costs relating to the request for replacement of grounds.