Language of document :

Judgment of the Court (First Chamber) of 24 March 2011 - ISD Polska sp. z o.o., Industrial Union of Donbass Corp., ISD Polska sp. z o.o. (formerly Majątek Hutniczy sp. z o.o.) v European Commission

(Case C-369/09 P) 1

(Appeals - State aid - Commission decision - Finding that aid is incompatible with the common market - Order for recovery of aid - Principles of legal certainty and non-retroactivity - Principle of the protection of legitimate expectations - Determination of the 'appropriateness' of the interest rate applicable to the recovery of aid)

Language of the case: French

Parties

Appellants: ISD Polska sp. z o.o., Industrial Union of Donbass Corp., ISD Polska sp. z o.o. (formerly Majątek Hutniczy sp. z o.o.) (represented by: C. Rapin and E. Van den Haute, lawyers)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and A. Stobiecka-Kuik, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 1 July 2009 in Joined Cases T-273/06 and T-297/06 ISD Polska and Others v Commission dismissing the appellants' actions seeking the partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C-20/04 in favour of Huta Częstochowa SA (OJ 2006 L 366, p. 1) in so far as it declared certain aid incompatible with the common market and ordered the Republic of Poland to recover the aid - Principles of legal certainty and the non-retroactivity of Community acts - Principle of the protection of legitimate expectations - Determination of the 'appropriate' nature of the interest rate applicable to the recovery of aid found to be incompatible with the common market

Operative part of the judgment

The Court:

Dismisses the appeal.

Orders ISD Polska sp. z o.o. and Industrial Union of Donbass Corp. to pay the costs.

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1 - OJ C 312, 19.12.2009.