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(Case T-288/06)(State aid - Scheme for restructuring aid granted by the Republic of Poland to a steel producer - Decision declaring the aid to be in part incompatible with the common market and ordering its recovery - Protocol No 8 on the restructuring of the Polish steel industry - Rate of interest to be applied for the repayment of incompatible aid - Duty to cooperate closely with the Member State - Articles 9(4) and 11(2) of Regulation (EC) No 794/2004)
2009/C 193/24
Language of the case: Polish
Applicant: Regionalny Fundusz Gospodarczy S.A. (formerly Huta Częstochowa S.A.) (Częstochowa, Poland) (represented by: C. Sadkowski and D. Sałajewski, lawyers)
Defendant: Commission of the European Communities (represented by: C. Giolito and A. Stobiecka-Kuik, Agents)
Partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C 20/04 (ex NN 25/04) in favour of Huta Częstochowa S.A. (OJ 2006 L 366, p. 1) to the extent to which it declares some of that aid to be incompatible with the common market and orders the Republic of Poland to effect its recovery.
The Court:
1.Dismisses the action;
2.Orders Regionalny Fundusz Gospodarczy S.A. to pay the costs.
(1) OJ C 294, 2.12.2006.