Judgment of the General Court (Eighth Chamber) of 30 November 2011 – Sniace v Commission

(Case T-238/09)

State aid – Agreements relating to debt rescheduling – Decision declaring an aid to be incompatible with the common market – Duty to state reasons

1. Procedure – Introduction of new pleas during the proceedings – Conditions – New plea – Concept (Rules of Procedure of the General Court, Art. 48(2)) (see paras 31-35, 87)

2. State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Assessment of the private creditor criterion (Arts 87(1) EC and 253 EC) (see paras 37-38, 54, 67)

3. State aid – Commission decision finding aid to be incompatible with the common market – Duty to state reasons – Scope – Characterisation of adverse effect on competition and the effects on trade between Member States (Arts 87(1) EC and 253 EC) (see paras 76-77, 81)

Re:

Operative part

The Court:

1.Dismisses the action;

2.Orders Sniace SA to bear its own costs and, in addition, to pay the European Commission’s costs, including those incurred in the application for interim measures.