Judgment of the Court (Sixth Chamber) of 21 December 2011.#A2A SpA, formerly ASM Brescia SpA v European Commission.#Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons.#Case C-318/09 P.

Subject of the case

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T‑189/03 ASM Brescia v Commission by which that court dismissed the action brought for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part

Operative part

The Court:

1. Dismisses the main appeal and the cross-appeal;

2. Orders A2A SpA to pay the costs of the main appeal;

3. Orders the European Commission to pay the costs of the cross-appeal.