CELEX: 62005TJ0455
Language: en
Date: 2008-12-18 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 18 December 2008.#Componenta Oyj v Commission of the European Communities.#State aid - Metallurgy sector - Acquisition of a shareholding held by an undertaking in a property company and repayment of a loan by that undertaking to the property company in consideration for an investment in that undertaking - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Valuation of the shares in a property company - Valuation of the real property assets of a company - Duty to state the reasons for the decision - Finding of the Court of its own motion.#Case T-455/05.

Judgment of the Court of First Instance (Fifth Chamber) of 18 December 2008 – Componenta v Commission
      (Case T-455/05)
      State aid – Metallurgy sector – Acquisition of a shareholding held by an undertaking in a property company and repayment of a loan by that undertaking to
         the property company in consideration for an investment in that undertaking – Decision declaring the aid incompatible with the common market and ordering its recovery – Private investor test – Valuation of the shares in a property company – Valuation of the real property assets of a company – Duty to state the reasons for the decision – Finding of the Court of its own motion
      
      1.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application
            is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 44-45)
      2.                     State aid – Concept – Competence conferred on the Commission and the national court to classify a national measure as State
            aid – Limited discretion of the Commission (Art. 87(1) EC) (see para. 97)
      3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(1) EC and
            253 EC) (see paras 98-100)
      4.                     State aid – Administrative procedure – National measures implemented without having been notified – Faculty open to the Commission
            to issue a direction to the Member State concerned in order to obtain the information deemed by it to be necessary – Decision
            adopted by the Commission, without issuing a direction, on the basis of information regarded by it as fragmentary (Council
            Regulation No 659/1999, Art. 10) (see paras 105-108)
      5.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Correction of an error of reasoning during the proceedings
            before the Court – Not permissible (Art. 253 EC) (see para. 121)
      Re: 
      
         
               APPLICATION for annulment of Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for
                  investment aid to Componenta Corporation (OJ 2006 L 353, p. 36).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for investment aid to Componenta
                     Corporation;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission to bear its own costs and pay Componenta’s costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Republic of Finland to bear its own costs.