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Case C-369/09 P: 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 (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)
ECLI:EU:UNKNOWN:62009CA0369
62009CA0369
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21.5.2011
Official Journal of the European Union
C 152/5
(Case C-369/09 P) (<span class="super">1</span>)
(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)
2011/C 152/07
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:
1.Dismisses the appeal.
2.Orders ISD Polska sp. z o.o. and Industrial Union of Donbass Corp. to pay the costs.
(<span class="super">1</span>) OJ C 312, 19.12.2009.