Judgment of the Court of First Instance (First Chamber) of 25 March 2009.#Alcoa Trasformazioni Srl v Commission of the European Communities.#State aid - Electricity - Preferential tariff - Decision initiating the procedure under Article 88(2) EC - Admissibility - Notion of State aid - New aid or existing aid - Advantage - Statement of reasons - Legitimate expectations - Legal certainty.#Case T-332/06.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision 2006/C 214/03, notified to the Italian Republic by letter of 19 July 2006, initiating the procedure laid down in Article 88(2) EC, concerning State aid C 36/06 (ex NN 38/06) – Preferential electricity tariff to energy intensive industries in Italy, in so far as that decision relates to the electricity tariffs applicable to the two primary aluminium plants owned by Alcoa Trasformazioni.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Alcoa Trasformazioni Srl to bear its own costs and to pay those incurred by the Commission.