Abertis takes Autostrade appeal to Luxembourg

MADRID, May 28 (Reuters) - Spanish toll road company Abertis (ABE.MC) has appealed to Europe's highest court to overturn the European Commission's decision to shelve its probe related to the failed merger between Abertis and Italy's Atlantia (ATL.MI).

Abertis is not seeking compensation, nor does it wish to revive the deal, said a company source who did not want to be named, but wants the European Commission to complete the probe into the Italian government. "We don't want this to set a precedent, that a member state can spoil a deal that Brussels considers under its jurisdiction," he told Reuters. "We want the European Commission to exercise its powers."

Autostrade and Abertis abandoned a plan to create the world's biggest road operator in December 2006, citing insurmountable obstacles put up by the Italian government in moves described by analysts as protectionist.

"Italy wanted to show that it kept national control over the motorway network ... If the Commission isn't able to force states to accept market rules, then we have a problem," one fund manager said at the time.

The European Commission started a probe into whether Italy broke the law by setting up obstacles to the merger, but shelved the investigation in August 2008. (Editing by David Cowell)