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:
| Appeal against the judgment of 11 February 2009 in Case T-25/07 | Iride and Iride Energia | v | Commission | , by which the Court of First Instance dismissed an application for annulment of Commission Decision 2006/941/EC of 8 November 2006 on State aid C 11/06 (ex N 127/05) which Italy is planning to implement for AEM Torino (OJ 2006 L366, p.62), in the form of subsidies intended to reimburse ‘stranded’ costs in the energy sector, in so far as, first, the conclusion of that decision is that the aid constitutes State aid and/or, secondly, that decision makes the compatibility of the aid with the common market subject to the condition that AEM Torino repay the unlawful aid previously granted under the regime for undertakings known as ‘municipalizzate’ [local administrative bodies]. |
Operative part
1. |
| The appeal is dismissed |
2. |
| Iride SpA and Iride Energia SpA are ordered to pay the costs. |