CELEX: 62009TJ0238
Language: en
Date: 2011-11-30
Title: Judgment of the General Court (Eighth Chamber) of 30 November 2011. # Sniace, SA v European Commission. # State aid - Agreements relating to debt rescheduling - Decision declaring an aid to be incompatible with the common market - Obligation to give reasons. # Case T-238/09.

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
      1.                     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)
      2.                     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)
      3.                     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:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	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.