State aid Decision declaring the aid incompatible with the common market and ordering its recovery Private investor test 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 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
Sumário
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.
Texto da decisão
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. |