CELEX: 62006TA0291
Language: en
Date: 2009-07-01 00:00:00
Title: Case T-291/06: Judgment of the Court of First Instance of 1 July 2009 — Operator ARP v Commission (State aid — Scheme for restructuring aid granted by the Republic of Poland to a steel producer — Decision declaring the aid to be in part incompatible with the common market and ordering its recovery — Protocol No 8 on the restructuring of the Polish steel industry — Action for annulment — Interest in bringing proceedings — Admissibility — Concept of beneficiary — Article 14(1) of Regulation (EC) No 659/1999)

15.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/18
            
         Judgment of the Court of First Instance of 1 July 2009 — Operator ARP v Commission
   (Case T-291/06) (1)
   
   (State aid - Scheme for restructuring aid granted by the Republic of Poland to a steel producer - Decision declaring the aid to be in part incompatible with the common market and ordering its recovery - Protocol No 8 on the restructuring of the Polish steel industry - Action for annulment - Interest in bringing proceedings - Admissibility - Concept of beneficiary - Article 14(1) of Regulation (EC) No 659/1999)
   2009/C 193/25
   Language of the case: Polish
   
      Parties
   
   
      Applicant: Operator ARP sp. z o.o. (Warsaw Poland) (represented: initially, by J. Szymanowska, subsequently, by J. Szymanowska and P. Rosiak, and, finally, by P. Rosiak, lawyers)
   
      Defendant: Commission of the European Communities (represented by: C. Giolito and A. Stobiecka-Kuik, Agents)
   
      Re:
   
   Partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C 20/04 (ex NN 25/04) in favour of Huta Częstochowa S.A. (OJ 2006 L 366, p. 1) to the extent to which it declares some of that aid to be incompatible with the common market and orders the Republic of Poland to effect its recovery.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the first subparagraph of Article 3(2) of Commission Decision 2006/937/EC of 5 July 2005 on State aid C 20/04 (ex NN 25/04) in favour of Huta Częstochowa S.A. in so far as it concerns Operator ARP sp. z o.o.;
            
         
               2.
            
            
               Orders the Commission to pay the costs.
            
         
      (1)  OJ C 310, 16.12.2006.