Judgment — ECLI:EU:T:1999:244
Date: 1999-10-06
Language of the case: German
Court formation: Second Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Pleas in law;Limitation periods;General;Aid to undertakings in difficulty;Commission discretion
Procedure: Action for annulment - unfounded
Origin: Austria

Summary 
Legal background to the dispute II-2887 
Facts II-2888 
Procedure before the Court II-2896 
Forms of order sought by the parties II-2897 
Admissibility II-2899 
Substance II-2900 
Scope of the Court's review of the compatibility of the restructuring aid in question II - 2900 
Objection of illegality raised against the Guidelines II-2901 
The first plea concerning the premiss relating to HTM's disappearance from the market II - 2902 
The second plea: infringement of the general conditions governing the authorisation of 
aid laid down by Article 92(3)(c) of the Treaty II-2903 
The third plea: absence of any link between certain capital injections and the 
restructuring plan II - 2905 
The fourth plea: the reasonable time-limit laid down for the elaboration of the 
restructuring plan was exceeded II-2906 
The fifth plea: the restructuring plan was inadequate II-2907 
The sixth plea: the reduction of capacity imposed on HTM is insufficient II-2910 
The seventh plea: the Aid was disproportionate 11-2912 
The first part of the plea · · · · II-2912 
— Admissibility II-2913 
— Substance II - 2914 
The second part of the plea II-2916 
The third part of the plea II - 2917 
The fourth part of the plea II-2918 
The fifth part of the plea II-2920 
Costs II-2921 
II - 2923