Order of the Court (Sixth Chamber) of 21 January 2010 – Iride and Iride Energia v Commission

(Case C‑150/09 P)

Appeal – State aid – Aid declared compatible with the common market on condition that its recipient repays earlier aid declared unlawful – Compatibility with Article 87(1) EC – Errors of law – Distortion of the appellants’ arguments – Failure to state grounds – Appeal in part manifestly inadmissible and in part manifestly unfounded

1. Acts of the institutions – Statement of reasons – Obligation – Extent – Decision taken in a context known to the addressee (Art. 253 EC) (see paras 21-24)

2. Appeals – Grounds of appeal – Ground put forward for the first time in the context of the appeal – Inadmissibility (see para. 32)

3. Appeals – Grounds of appeal – Inadequate statement of reasons – Reliance by the Court of First Instance on implied reasoning – Whether permissible – Conditions (Art. 225 EC; Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 42)

4. Appeals – Grounds of appeal – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility – Challenge to the interpretation or application of Community law made by the Court of First Instance – Admissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 65-67)

5. State aid – Prohibition – Exceptions – Commission’s discretion – Commission decision making authorisation of payment of aid subject to the condition of prior repayment by the undertaking concerned of unlawful aid previously received (see paras 70-71)

Re:

Operative part

1.The appeal is dismissed

2.Iride SpA and Iride Energia SpA are ordered to pay the costs.