Court of Justice 18 September 2003, C-91/01 (Italian Republic v Commission of the European Communities.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. In this case Italy seeks the annulment of Decision 2001/779/EC of 15 November 2000 (the ‘Decision’) (2) by which the Commission declared that the aid which Italy was planning to grant to Solar Tech srl (‘Solar Tech’) was incompatible with the common market in so far as its intensity exceeded the maximum allowable in the case at