Judgment of the Court of First Instance (First Chamber) of 8 September 2009.#AceaElectrabel Produzione SpA v Commission of the European Communities.#State aid - Energy sector - Investment aid for the construction of a district 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.#Case T-303/05.

Subject of the case

Re:

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, p. 8).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders AceaElectrabel Produzione SpA to pay the costs, except those referred to in point 3 below;

3. Orders Electrabel to bear its own costs and to pay the costs incurred by the Commission as a result of its intervention.