Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Kronoply and Kronotex v Commission
(Case T-388/02)
State aid – Commission decision not to raise objections – Action for annulment – Time-limit for bringing proceedings – Publication of a summary notice – No significant effect on the competitive position – Inadmissibility – Status as party concerned – Admissibility – Failure to initiate the formal investigation procedure – No serious difficulties
1. Actions for annulment – Time-limits – Point from which time starts to run – Date of publication – Day on which a measure came to the knowledge of the applicant – Subsidiary matter – Measures which, in accordance with standard practice of the institution, are published in the Official Journal (Art. 230, fifth para., EC) (see paras 29-32)
2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision finding State aid incompatible with the common market without opening the formal investigation procedure – Action by a competitor undertaking not showing that its market position substantially affected – Inadmissibility (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras 62, 64)
3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision finding State aid incompatible with the common market without opening the formal investigation procedure – Action by interested parties for the purposes of Article 88(2) EC – Admissibility – Conditions (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras 60, 70-72)
4. State aid – Examination by the Commission – Preliminary review and main review – Compatibility of aid with the common market – Decision not to open the formal investigation procedure – Lawfulness – Condition (Art. 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(4)) (see paras 92-93)
5. State aid – Not allowed – Exceptions – Discretion of the Commission – Possibility of adopting guidelines (Arts 3(g) EC and 87(3) EC) (see paras 143-144)
Re:
ANNULMENT of the Commission’s decision of 19 June 2002 to raise no objections to aid granted by the German authorities to Zellstoff Stendal for the construction of a production plant for pulp.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG to bear their own costs and to pay those incurred by the Commission of the European Communities, Zellstoff Stendal GmbH, and the Land Sachsen-Anhalt.
3.
Orders the Federal Republic of Germany to bear its own costs.
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