CELEX: 62004CA0525
Language: en
Date: 2007-11-22 00:00:00
Title: Case C-525/04 P: Judgment of the Court (First Chamber) of 22 November 2007 — Kingdom of Spain v Commission of the European Communities (Appeal — State aid — Non-recovery of contributions, default surcharges and interest owed — Admissibility — Private creditor test)

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.