Judgment of the General Court (Eighth Chamber) of 30 November 2011 – Sniace v Commission

(Case T-238/09)

State aid – Agreements relating to debt rescheduling – Decision declaring an aid to be incompatible with the common market – Duty to state reasons

1.                     Procedure – Introduction of new pleas during the proceedings – Conditions – New plea – Concept (Rules of Procedure of the General Court, Art. 48(2)) (see paras 31-35, 87)

2.                     State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Assessment of the private creditor criterion (Arts 87(1) EC and 253 EC) (see paras 37-38, 54, 67)

3.                     State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Characterisation of adverse effect on competition and the effects on trade between Member States (Arts 87(1) EC and 253 EC) (see paras 76-77, 81)

Re:

APPLICATION for annulment of Commission Decision 2009/612/EC of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC (OJ 2009 L 210, p. 4).

Operative part

The Court:

1. Dismisses the action;

2. Orders Sniace SA to bear its own costs and, in addition, to pay the European Commission’s costs, including those incurred in the application for interim measures.