CELEX: 62009CO0117
Language: en
Date: 2010-06-24 00:00:00
Title: Order of the Court (Fifth Chamber) of 24 June 2010. # Kronoply GmbH & Co. KG v European Commission. # Appeal - State aid - Application for aid intended to amend aid previously granted to the recipient undertaking and notified to the Commission after the investment project had been fully completed - Criteria of the incentive effect and of necessity. # Case C-117/09 P.

Order of the Court (Fifth Chamber) of 24 June 2010 – Kronoply v Commission
      (Case C‑117/09 P)
      Appeal – State aid – Application for aid intended to amend aid previously granted to the recipient undertaking and notified to the Commission
         after the investment project had been carried out in full – Criteria of incentive effect and of necessity
      
      1.                     Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance (Art. 225 EC;
            Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 32-34)
      2.                     State aid – Commission decision – Assessment of legality by reference to the information available when the decision was adopted
            (Art. 87 EC) (see para. 40)
      3.                     Appeal – Grounds – Inadequate or contradictory grounds – Admissibility (Art. 225 EC; Statute of the Court of Justice, Art.
            58, first para.) (see para. 52)
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 January 2009 in Case T‑162/06 
               Kronoply
                v 
               Commission
                by which the Court dismissed the application for annulment of Commission Decision 2006/262/EC of 21 September 2005 declaring
                  State aid which Germany is planning to implement for the appellant to be incompatible with the common market (OJ 2006 L 94,
                  p. 50) – Proposed aid intended to amend aid previously granted to the recipient undertaking notified to the Commission after
                  the investment project had been carried out in full by means of the aid initially approved – Incorrect assessment of the incentive
                  effect and of the necessity of the aid at issue.
               
            Operative part: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Kronoply GmbH & Co. KG to pay the costs.