CELEX: 62002TJ0388
Language: en
Date: 2008-12-10
Title: Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG v Commission of the European Communities. # 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. # Case T-388/02.

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.