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Document 62005TJ0455

    Summary of the Judgment

    Keywords
    Subject of the case
    Operative part

    Keywords

    Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 44-45)

    2. State aid – Concept – Competence conferred on the Commission and the national court to classify a national measure as State aid – Limited discretion of the Commission (Art. 87(1) EC) (see para. 97)

    3. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 98-100)

    4. State aid – Administrative procedure – National measures implemented without having been notified – Faculty open to the Commission to issue a direction to the Member State concerned in order to obtain the information deemed by it to be necessary – Decision adopted by the Commission, without issuing a direction, on the basis of information regarded by it as fragmentary (Council Regulation No 659/1999, Art. 10) (see paras 105-108)

    5. Acts of the institutions – Statement of reasons – Obligation – Scope – Correction of an error of reasoning during the proceedings before the Court – Not permissible (Art. 253 EC) (see para. 121)

    Subject of the case

    Re:

    APPLICATION for annulment of Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for investment aid to Componenta Corporation (OJ 2006 L 353, p. 36).

    Operative part

    Operative part

    The Court:

    1. Annuls Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for investment aid to Componenta Corporation;

    2. Orders the Commission to bear its own costs and pay Componenta’s costs;

    3. Orders the Republic of Finland to bear its own costs.

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