12.1.2008
EN
Official Journal of the European Union
C 8/2
Judgment of the Court (First Chamber) of 22 November 2007 — Kingdom of Spain v Commission of the European Communities
(Case C-525/04 P) (1)
(Appeal - State aid - Non-recovery of contributions, default surcharges and interest owed - Admissibility - Private creditor test)
(2008/C 8/02)
Language of the case: German
Parties
Appellant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, Agent)
Other parties to the proceedings: Commission of the European Communities (represented by: V. Kreuschitz and J. Buendía Sierra, Agents, M. Núñez-Müller, Rechtsanwalt), Lenzing AG, (represented by: U. Soltész, Rechtsanwalt)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 21 October 2004 in Case T-36/99 between Lenzing AG and the Commission in which the Court annulled Article 1(1) of Commission Decision 1999/395/EC of 28 October 1998 on State aid implemented by Spain in favour of Sniace SA, located in Torrelavega, Cantabria (OJ 1999 L 149, p. 40), as amended by Commission Decision 2001/43/EC of 20 September 2000 (OJ 2001 L 11, p. 46) — Admissibility of an action for annulment brought by a competitor of the undertaking benefiting from the aid — Definition of a person individually concerned by the contested decision — Agreements on the rescheduling and repayment of debts — Private creditor test
Operative part of the judgment
The Court:
1)
Dismisses the appeal;
2)
Orders the Kingdom of Spain to pay its own costs and those incurred by Lenzing AG;
3)
Orders the Commission of the European Communities to bear its own costs.
(1) OJ C 69, 19.3.2005.
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