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Judgment of the Court of First Instance (Fifth Chamber) of 18 December 2008.#Componenta Oyj v Commission of the European Communities.#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.#Case T-455/05.
ECLI:EU:T:2008:597
62005TJ0455
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(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
3. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 98-100)
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
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.