10The Commission, in that regard, stated, first, that ACEA was one of the municipal undertakings in the energy sector to have benefited from aid schemes (‘the earlier aid’) declared unlawful and incompatible with the common market in Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21) (‘the earlier decision’) and, second, that the Italian Republic had not confirmed to it, in spite of two reminders to that end, that the amounts paid to ACEA under those schemes had in fact been recovered, as required by Article 3 of that decision.
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