CELEX: 62011CA0073
Language: en
Date: 2013-01-24 00:00:00
Title: Case C-73/11 P: Judgment of the Court (Second Chamber) of 24 January 2013 — Frucona Košice a.s. v European Commission, St. Nicolaus — trade a.s. (Appeal — State aid — Cancellation of 65 % of a tax debt in a collective bankruptcy procedure — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Private creditor test — Limits of judicial review — Substitution by the General Court of its own grounds for those set out in the contested decision — Manifest error of assessment — Distortion of evidence)

9.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/2
            
         Judgment of the Court (Second Chamber) of 24 January 2013 — Frucona Košice a.s. v European Commission, St. Nicolaus — trade a.s.
   (Case C-73/11 P) (1)
   
   (Appeal - State aid - Cancellation of 65 % of a tax debt in a collective bankruptcy procedure - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Private creditor test - Limits of judicial review - Substitution by the General Court of its own grounds for those set out in the contested decision - Manifest error of assessment - Distortion of evidence)
   2013/C 71/03
   Language of the case: English
   
      Parties
   
   
      Appellant: Frucona Košice a.s. (represented by: P. Lasok QC, J. Holmes and B. Hartnett, Barristers, and by O. Geiss, Rechtsanwalt)
   
      Other parties to the proceedings: European Commission (represented by: K. Walkerová, L. Armati and B. Martenczuk, Agents), St. Nicolaus — trade a.s. (represented by: N. Smaho, lawyer)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Second Chamber) of 7 December 2010 in Case T-11/07 Frucona Kosice a.s v European Commission in which the General Court dismissed an action for annulment of the Commission Decision C(2006) 2087 final, of 7 June 2006, concerning aid granted by Slovakia for Frucona Košice in the form of a cancellation of a tax debt by the competent tax office in a collective bankruptcy procedure (State Aid No C 25/2005, ex NN/2005), in so far as that decision declares that measure incompatible with the common market and orders Slovakia to recover the aid in its entirety
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the General Court of the European Union of 7 December 2010 in Case T-11/07 Frucona Košice v Commission;
            
         
               2.
            
            
               Refers the case back to the General Court of the European Union for it to give judgment on the pleas raised before it on which it did not rule;
            
         
               3.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 130, 30.4.2011.