(Case T-388/02)

State aid – Commission decision not to raise objections – Action for annulment – Time-limit for bringing proceedings – Publication of a summary notice – No significant effect on the competitive position – Inadmissibility – Status as party concerned – Admissibility – Failure to initiate the formal investigation procedure – No serious difficulties

4. State aid – Examination by the Commission – Preliminary review and main review – Compatibility of aid with the common market – Decision not to open the formal investigation procedure – Lawfulness – Condition (Art. 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(4)) (see paras 92-93)

5. State aid – Not allowed – Exceptions – Discretion of the Commission – Possibility of adopting guidelines (Arts 3(g) EC and 87(3) EC) (see paras 143-144)

Re:

ANNULMENT of the Commission’s decision of 19 June 2002 to raise no objections to aid granted by the German authorities to Zellstoff Stendal for the construction of a production plant for pulp.

Operative part

The Court:

1.Dismisses the action;

2.Orders Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG to bear their own costs and to pay those incurred by the Commission of the European Communities, Zellstoff Stendal GmbH, and the Land Sachsen-Anhalt.

3.Orders the Federal Republic of Germany to bear its own costs.