Judgment of the Court (Sixth Chamber) of 21 December 2011.#Iride SpA, formerly Azienda Mediterranea Gas e Acqua SpA v European Commission.#Appeal - 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.#Case C-329/09 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‑300/02 AMGA v Commission , by which that court rejected as inadmissible an application 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 appeal;

2. Orders Iride SpA to pay the costs of the appeal proceedings;

3. Orders the European Commission to pay the costs relating to the request for replacement of grounds.