Judgment of the Court of First Instance (Fifth Chamber) of 4 March 2009. – Italian Republic v Commission of the European Communities.

Subject of the case

Re:

ACTION for annulment of Commission Decision 2006/638/EC of 6 September 2005 on the aid scheme implemented by Italy for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies listed on regulated markets (OJ 2006 L 268, p. 1).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.