CELEX: C2004/314/30
Language: en
Date: 2004-12-18 00:00:00
Title: Judgment of the Court of First Instance of 21 October 2004 in Case T-36/99: Lenzing AG v Commission of the European Communities (State aid — Action for annulment — Admissibility — Act of individual concern to the applicant — Article 87(1) EC — Agreements on the rescheduling and repayment of debts — Private creditor test)

18.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 314/12
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 21 October 2004
   in Case T-36/99: Lenzing AG v Commission of the European Communities (1)
   
   (State aid - Action for annulment - Admissibility - Act of individual concern to the applicant - Article 87(1) EC - Agreements on the rescheduling and repayment of debts - Private creditor test)
   (2004/C 314/30)
   Language of the case: German
   In Case T-36/99: Lenzing AG, established in Lenzing (Austria), represented initially by H.-J. Niemeyer, then by I. Brinker and U. Soltész, lawyers, against Commission of the European Communities (Agents: V. Kreuschitz and D. Triantafyllou, assisted by M. Núñez-Müller, lawyer, with an address for service in Luxembourg), supported by Kingdom of Spain (Agent: N. Díaz Abad, with an address for service in Luxembourg) — application for partial annulment 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) — the Court of First Instance (Fifth Chamber, Extended Composition), composed of R. García-Valdecasas, President, P. Lindh, J.D. Cooke, H. Legal and M.E. Martins Ribeiro, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 21 October 2004, in which it:
   
               1.
            
            
               Annuls 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, as amended by Commission Decision 2001/43/EC of 20 September 2000;
            
         
               2.
            
            
               Orders the Commission to bear its own costs and to pay those incurred by the applicant;
            
         
               3.
            
            
               Orders the Kingdom of Spain to bear its own costs.
            
         
      (1)  OJ C 160 of 5.6.1999.