*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 4 September 2009, Italian Republic v Commission, Case T 211/05 Italy wanted to encourage companies to go public and in 2003 introduced a tax incentive scheme for companies listed on a European regulated market without prior notification of the aid measure to the Commission. At the end of the procedure for examining the aid, the Commission, by a decision of 16 March 2005, declared the aid incompatible with the common market and ordered its recovery. Italy challenged that decision. Infringement of the principle that the parties should be heard _
CASE COMMENTS: STATE AID - AID SCHEME IN FAVOUR OF UNDERTAKINGS NEWLY INTRODUCED ON THE STOCK EXCHANGE - NEGATIVE DECISION - OBLIGATION OF MOTIVATION - SELECTIVITY CRITERIA - AFFECTATION OF TRADE BETWEEN MEMBER STATES - DISTORTION OF COMPETITION
Selective State aid qualified as incompatible operating aid : The CFI confirms that an aid, limited in time, in favour of undertakings newly introduced on the stock exchange, is selective and that it can be qualified as an incompatible operating aid (Italy)
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