Selectivity: The Court of Justice rules that time-limited tax concessions in favour of newly listed companies are selective measures and can be considered as operating aid (Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 24 November 2011, Italy v Commission, Case C-458/09 P In 2005, the Commission adopted a decision declaring incompatible with the common market and ordering the recovery of aid. The tax incentive scheme in question was introduced in 2003 to encourage companies to go public. Italy challenged this decision before the Court of First Instance, which dismissed its action (CFI, judgment of 4 September 2009, Italian Republic v Commission, Case T-211/05). The judgment of the CFI was commented on in the 4-2009 issue of the journal Concurrences. Italy appealed against that judgment, taking up in substance a large part of the arguments which it had put forward