Judgment of the Court (Sixth Chamber) of 21 December 2011 - Iride,
   formerly Azienda Mediterranea Gas e Acqua v Commission

   (Case C-329/09 P)

   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 in
   bringing proceedings

   1.                     Appeals - Grounds - Mistaken assessment of the
   facts - Inadmissibility - Review by the Court of the assessment of the
   facts and evidence - Possible only where the clear sense of the
   evidence has been distorted (Art. 225 EC; Statute of the Court of
   Justice, Art. 58, first para.) (see paras 34-36)

   2.                     Appeals - Classification of an application made
   by the respondent seeking only the replacement of grounds - Application
   inadmissible if there is no legal interest in bringing proceedings (see
   para. 50)

   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

   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.