Judgment of the General Court of 17 May 2011 - Buczek Autmotive v Commission
(State aid - Restructuring of the Polish steel industry - Recovery of public debts -Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Interest in bringing proceedings - Admissibility - Concept of State aid - Private investor criterion)
Language of the case: Polish
Parties
Applicant: Buczek Automotive sp. z o.o. (Sosnowiec, Poland) (represented by: initially T. Gackowski, then D. Szlachetko-Reiter and lastly J. Jurczyk, lawyers)
Defendant: European Commission (represented by: initially K. Gross, M. Kaduczak, A. Stobiecka-Kuik and K. Herrmann, then A. Stobiecka-Kuik, K. Herrmann and T. Maxian Rusche, Agents)
Intervener in support of the applicant: Republic of Poland, (represented by: M. Niechciala, then M. Krasnodębska-Tomkiel and M. Rzotkiewicz, Agents)
Re:
Partial annulment of Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (OJ 2008 L 116, p. 26).
Operative part of the judgment
The Court:
Annuls Article 1 of Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group;
Annuls Article 3(1) and (3) and Articles 4 and 5 of Decision 2008/344, in so far as they relate to Buczek Automotive sp. z o.o.;
Orders the European Commission to bear its own costs and to pay those incurred by Buczek Automotive, including those relating to the interim proceedings;
Orders the Republic of Poland to bear its own costs.
____________1 - OJ C 64, 8.3.2008.