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Case C-525/04 P: Judgment of the Court (First Chamber) of 22 November 2007 — Kingdom of Spain v Commission of the European Communities (Appeal — State aid — Non-recovery of contributions, default surcharges and interest owed — Admissibility — Private creditor test)

ECLI:EU:UNKNOWN:62004CA0525

62004CA0525

January 1, 2004
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12.1.2008

Official Journal of the European Union

C 8/2

(Case C-525/04 P)

(Appeal - State aid - Non-recovery of contributions, default surcharges and interest owed - Admissibility - Private creditor test)

(2008/C 8/02)

Language of the case: German

Parties

Applicant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, Agent)

Other parties to the proceedings: Commission of the European Communities (represented by: V. Kreuschitz and J. Buendía Sierra, Agents, M. Núñez-Müller, Rechtsanwalt), Lenzing AG, (represented by: U. Soltész, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 21 October 2004 in Case T-36/99 between Lenzing AG and the Commission in which the Court annulled Article 1(1) of Commission Decision 1999/395/EC of 28 October 1998 on State aid implemented by Spain in favour of Sniace SA, located in Torrelavega, Cantabria (OJ 1999 L 149, p. 40), as amended by Commission Decision 2001/43/EC of 20 September 2000 (OJ 2001 L 11, p. 46) — Admissibility of an action for annulment brought by a competitor of the undertaking benefiting from the aid — Definition of a person individually concerned by the contested decision — Agreements on the rescheduling and repayment of debts — Private creditor test

Operative part of the judgment

The Court:

1)Dismisses the appeal;

2)Orders the Kingdom of Spain to pay its own costs and those incurred by Lenzing AG;

3)Orders the Commission of the European Communities to bear its own costs.

(<span class="super">1</span>) OJ C 69, 19.3.2005.

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