19.2.2011

EN

Official Journal of the European Union

C 55/15

Judgment of the Court (Second Chamber) of 16 December 2010 — AceaElectrabel Produzione SpA v European Commission, Electrabel SA

(Case C-480/09 P) ( 1 )

(Appeal - State aid - Aid declared compatible with the common market - Condition requiring prior repayment by the beneficiary of earlier aid declared unlawful - Concept of ‘economic unit’ - Joint control by two separate parent companies - Distortion of the pleas in law relied on in the application - Errors and defective reasoning)

2011/C 55/26

Language of the case: Italian

Parties

Appellant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo and M. Merola, avvocati)

Other parties to the proceedings: European Commission (represented by: V. Di Bucci, Agent), Electrabel SA (represented by: L. Radicati di Brozolo and M. Merola, avvocati)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 8 September 2009 in Case T 303/05 ACEAElectrabel Produzione SpA v Commission by which the Court of First Instance dismissed the application for 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 ).

Operative part of the judgment

The Court:

1.dismisses the appeal;

2.orders AceaElectrabel Produzione SpA, in addition to bearing its own costs, to pay those incurred by the European Commission;

3.orders Electrabel SA to bear its own costs.

( 1 ) OJ C 24, 30.1.2010 .