Italian Republic v Commission of the European Communities (C-400/99)

Judgment of 9 Oct 2001

law://eu/cjeu/1999/c-400-99/para_38@2026-11-12

38The Italian Government then argues that that is the situation in this case. It emphasises that the Commission is relying here on Article 88(3) and that it itself, as is shown by the fourth plea in its action, is maintaining that it is Article 88(1) EC, concerning existing aid, which should have been used.