The Court of First Instance of Roma admits State aid claim and grants interim relief prohibiting an undertaking - having received conditional clerance for State aid - to participate to a public tender for acquiring its competitor (AirOne / Alitalia)

Factual background Alitalia, after having received rescue aid, granted by the Italian Government and authorized by the European Commission, has participated in a public tender to acquire its competitor Volare. AirOne, competitor of Alitalia, brought a claim requesting the Court of First Instance of Roma declares that the aid granted by Italy is being misused by Alitalia through its participation in the public tender, declare that Alitalia's behavior constitutes an infringement of EC and/or Italian competition law and order the recovery of the aid. The Court examined the following issues: i) whether the participation in the public

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Gianluca Belotti, The Court of First Instance of Roma admits State aid claim and grants interim relief prohibiting an undertaking - having received conditional clerance for State aid - to participate to a public tender for acquiring its competitor (AirOne / Alitalia), 27 January 2006, e-Competitions January 2006, Art. N° 28527

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