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7.2.2009 |
EN |
Official Journal of the European Union |
C 32/24 |
Judgment of the Court of First Instance of 10 December 2008 — Kronoply and Kronotex v Commission
(Case T-388/02) (1)
(State aid - Commission decision not to raise objections - Action for annulment - Time-limit for bringing proceedings - Publication of a summary notice - No significant effect on the competitive position - Inadmissibility - Status as party concerned - Admissibility - Failure to initiate the formal investigation procedure - No serious difficulties)
(2009/C 32/44)
Language of the case: German
Parties
Applicants: Kronoply GmbH & Co. KG (Heiligengrabe, Germany); and Kronotex GmbH & Co. KG (Heiligengrabe) (represented initially by: R. Nierer, subsequently by R. Nierer and L. Gordalla, lawyers)
Defendant: Commission of the European Communities (represented by: V. Kreuschitz and M. Niejahr, subsequently by V. Kreuschitz, Agents)
Interveners in support of the defendant: Zellstoff Stendal GmbH (Arneburg, Germany) (represented by: T. Müller-Ibold and K.U. Karl, subsequently by T. Müller-Ibold, lawyers); Federal Republic of Germany (represented by: W.D. Plessing and M. Lumma, Agents); and Land Sachsen-Anhalt (Germany) (represented by: C. von Donat and G. Quardt, lawyers)
Re:
Annulment of the Commission's decision of 19 June 2002 to raise no objections to aid granted by the German authorities to Zellstoff Stendal for the construction of a production plant for pulp.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG to bear their own costs and to pay those incurred by the Commission of the European Communities and by Zellstoff Stendal GmbH and Land Sachsen-Anhalt. |
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3. |
Orders the Federal Republic of Germany to bear its own costs. |