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Case T-455/05: Judgment of the Court of First Instance of 18 December 2008 — Componenta v Commission (State aid — Metallurgy sector — Acquisition of a shareholding held by an undertaking in a property company and repayment of a loan by that undertaking to the property company in consideration for an investment in that undertaking — Decision declaring the aid incompatible with the common market and ordering its recovery — Private investor test — Valuation of the shares in a property company — Valuation of the real property assets of a company — Duty to state the reasons for the decision — Finding of the Court of its own motion)
ECLI:EU:UNKNOWN:62005TA0455
62005TA0455
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21.2.2009
Official Journal of the European Union
C 44/42
(Case T-455/05)
(State aid - Metallurgy sector - Acquisition of a shareholding held by an undertaking in a property company and repayment of a loan by that undertaking to the property company in consideration for an investment in that undertaking - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Valuation of the shares in a property company - Valuation of the real property assets of a company - Duty to state the reasons for the decision - Finding of the Court of its own motion)
(2009/C 44/71)
Language of the case: Finnish
Parties
Applicant: Componenta Oyj (Helsinki, Finland) (represented by: M. Savola and A. Järvinen, lawyers)
Defendant: Commission of the European Communities (represented by: C. Giolito and M. Huttunen, Agents)
Intervener in support of the applicant: Republic of Finland (represented by: E. Bygglin, A. Guimaraes-Purokoski and J. Heliskoski, Agents)
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 of the judgment
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.
* * *
(1) OJ C 48, 25.2.2006.