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Case C-405/11 P: Judgment of the Court (Sixth Chamber) of 21 March 2013 — European Commission v Buczek Automotive sp. z o.o., Republic of Poland (Appeal — State aid — Restructuring of the Polish steel industry — Concept of State aid — Recovery of public debts — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Private creditor test — Allocation of the burden of proof — Limits of judicial review)
ECLI:EU:UNKNOWN:62011CA0405
62011CA0405
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Official Journal of the European Union
C 156/8
(Case C-405/11 P)
(Appeal - State aid - Restructuring of the Polish steel industry - Concept of State aid - Recovery of public debts - Classification as State aid of the failure to request the liquidation of the debtor undertaking - Private creditor test - Allocation of the burden of proof - Limits of judicial review)
2013/C 156/11
Language of the case: Polish
Parties
Appellant: European Commission (represented by: A. Stobiecka-Kuik and T. Maxian Rusche, acting as Agents)
Other parties to the proceedings: Buczek Automotive sp. z o.o. (represented by: J. Jurczyk, radca prawny), Republic of Poland (represented by: M. Krasnodębska-Tomkiel, acting as Agent)
Re:
Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-1/08 Buczek Automotive v Commission by which the General Court partially annulled Commission Decision 2008/344/EC of 23 October 2007 on State Aid C-23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (OJ 2008 L 116, p. 26) — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Error of law in the assessment of the Commission’s application of the hypothetical private creditor test and in the allocation of the burden of proof
Operative part of the judgment
The Court:
1.Dismisses the appeal.
2.Orders the European Commission to pay the costs.
3.Orders the Republic of Poland to bear its own costs.
(1) OJ C 311, 22.10.2011.