Judgment of the Court (Grand Chamber) of 24 May 2011 - European Commission v Kronoply GmbH & Co. KG, Kronotex GmbH & Co. KG, Zellstoff Stendal GmbH, Federal Republic of Germany, Land Sachsen-Anhalt
(Appeal - State aid - Article 88(2) and (3) EC - Regulation (EC) No 659/1999 - Decision not to raise any objections - Action for annulment - Conditions for admissibility - Pleas in law that may be relied upon in an action for annulment - Notion of 'interested party' - Competitive link - Assignment - Market for supply)
Language of the case: German
Parties
Appellant: European Commission (represented by: K. Gross and V. Kreuschitz, Agents)
Other parties to the proceedings: Kronoply GmbH & Co. KG, Kronotex GmbH & Co. KG (represented by: R. Nierer and L. Gordalla, Rechtsanwälte), Zellstoff Stendal GmbH (represented by: T. Müller-Ibold and K. Karl, Rechtsanwälte), Federal Republic of Germany, Land Sachsen-Anhalt
Re:
Appeal against the judgment of 10 December 2008 in Case T-388/02 Kronoply and Kronotex v Commission inasmuch as the Court of First Instance (Seventh Chamber) held admissible (albeit ultimately unfounded) an action for annulment of the Commission's decision of 19 June 2002 to raise no objections in relation to the aid granted by the German authorities in favour of Zellstoff Stendal for the construction of a production plant for pulp - Incorrect assessment of the conditions for the admissibility of an action for annulment of a Commission decision based on Article 88(3) EC, brought by a party concerned within the meaning of Article 88(2) EC
Operative part of the judgment
The Court:
Dismisses the appeal;
Orders the European Commission and Zellstoff Stendal GmbH to bear their own costs.
____________1 - OJ C 102, 1.5.2009.