Judgment of the General Court (Eighth Chamber) of 30 November 2011 – Sniace v Commission
(Case T-238/09)
State aid – Agreements relating to debt rescheduling – Decision declaring an aid to be incompatible with the common market – Duty to state reasons
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Procedure – Introduction of new pleas during the proceedings – Conditions – New plea – Concept (Rules of Procedure of the General Court, Art. 48(2)) (see paras 31-35, 87)
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State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Assessment of the private creditor criterion (Arts 87(1) EC and 253 EC) (see paras 37-38, 54, 67)
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State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Characterisation of adverse effect on competition and the effects on trade between Member States (Arts 87(1) EC and 253 EC) (see paras 76-77, 81)
Re:
APPLICATION for annulment of Commission Decision 2009/612/EC of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC (OJ 2009 L 210, p. 4).
Operative part
The Court:
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Dismisses the action;
Dismisses the action;
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Orders Sniace SA to bear its own costs and, in addition, to pay the European Commission’s costs, including those incurred in the application for interim measures.
Orders Sniace SA to bear its own costs and, in addition, to pay the European Commission’s costs, including those incurred in the application for interim measures.