Judgment — ECLI:EU:T:1999:166
Date: 1999-09-09
Language of the case: English
Court formation: First Chamber, Extended Composition
Based on: Treaty establishing the European Coal and Steel Community (1951)
Subject matter: State aids;Competition
Concepts: Investments and financial aid
Procedure: Action for annulment - unfounded;Action for annulment - interlocutory judgment
Origin: United Kingdom

Summary of the Judgment 
1. ECSC — State aid to the coal industry — May be authorised by the Commission — 
Authorisation ex post facto of aid already paid — Whether permissible 
(ECSC Treaty, Art. 4(c); General Decision No 3632/93, Arts 1, 2, 3, 4, 5, 8 and 9) 
2. ECSC — State aid to the coal industry — Prohibited — May be authorised by the 
Commission — Conditions — Significant reduction in production costs making a 
degression of aid possible 
(ECSC Treaty, Art. 4(c); General Decision No 3632/93, Art. 3) 
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SUMMARY — CASE T-110/98 
1. The Commission is authorised, by 
Decision No 3632/93 establishing 
Community rules for State aid to the 
coal industry, to give ex post facto 
approval in respect of aid already paid 
without its prior approval. 
2. Authorisation by the Commission of 
operating aid, pursuant to Article 3 of 
Decision No 3632/93 establishing 
Community rules for State aid to the 
coal industry, is subject to the condi­
tion that the recipient undertakings 
have achieved a significant reduction 
in their production costs, making 
degression of that aid possible. 
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