CELEX: 62009CB0117
Language: en
Date: 2010-06-24 00:00:00
Title: Case C-117/09 P: Order of the Court 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)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/21
            
         Order of the Court of 24 June 2010 — Kronoply GmbH & Co. KG v European Commission
   (Case C-117/09 P) (1)
   
   (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)
   2010/C 346/35
   Language of the case: German
   
      Parties
   
   
      Appellant: Kronoply GmbH & Co. KG (represented by: R. Nierer and L. Gordalla, Rechtsanwälte)
   
      Other party to the proceedings: European Commission (represented by: K. Gross, V. Kreuschitz and T. Scharf, acting as Agents)
   
      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 fully completed by means of the aid initially approved — Incorrect assessment of the incentive effect and of the necessity of the aid at issue
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Kronoply GmbH & Co. KG is ordered to pay the costs.
            
         
      (1)  OJ C 141, 20.6.2009.