Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2009. – Banco Comercial dos Açores, SA v Commission of the European Communities.

Subject of the case

Re:

APPLICATION for annulment of the final part of Article 1, as well as Articles 2, 3 and 4 of Commission Decision 2003/442/EC of 11 December 2002 on the part of the scheme adapting the national tax system to the specific characteristics of the Autonomous Region of the Azores which concerns reductions in the rates of income and corporation tax (OJ 2003 L 150, p. 52).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Banco Comercial dos Açores, SA to bear its own costs as well as the costs of the Commission of the European Communities;

3. Orders Banco Espírito Santo dos Açores, SA to bear its own costs.