Acórdão do Tribunal Geral da União Europeia
Processo T-424/05

Judgment of the Court of First Instance (Fifth Chamber) of 4 March 2009 – Italy v Commission

(Case T-424/05)

State aid – Aid scheme established by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies – Decision declaring the aid incompatible with the common market – Obligation to state reasons – Selective nature of the measure – Effect on trade between the Member States and distortion of competition – Article 87(3)(c) EC

1. Acts of the institutions – Statement of reasons – Contradiction – Effects (Art. 253 EC) (see para 67)

2. State aid – Examination by the Commission – Decision to open the formal investigation procedure under Article 88(2) EC (Art. 88(2) EC; Council Regulation No 659/1999, Art. 6(1) and (7)) (see paras 69-70)

3. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 78, 85)

4. State aid – Effect on trade between Member States – Adverse effect on competition – Aid of little importance in a sector with lively competition (Art. 87(1) EC) (see paras 153-156)

5. Actions for annulment – Pleas in law – Pleas that may be raised against a Commission decision on State aid (Arts 88(2) EC and 230 EC) (see paras 169-171)

6. State aid – Prohibition – Exceptions (Art. 87(3)(c) EC) (see paras 174-175, 179)

Re:

Operative part

The Court: