Judgment of the Court of First Instance (Seventh Chamber) of 10
   December 2008 - Kronoply and Kronotex v Commission

   (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

   1.                     Actions for annulment - Time-limits - Point from
   which time starts to run - Date of publication - Day on which a measure
   came to the knowledge of the applicant - Subsidiary matter - Measures
   which, in accordance with standard practice of the institution, are
   published in the Official Journal (Art. 230, fifth para., EC) (see
   paras 29-32)

   2.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them - Commission
   decision finding State aid incompatible with the common market without
   opening the formal investigation procedure - Action by a competitor
   undertaking not showing that its market position substantially affected
   - Inadmissibility (Arts 88(2) and (3) EC and 230, fourth para., EC)
   (see paras 62, 64)

   3.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them - Commission
   decision finding State aid incompatible with the common market without
   opening the formal investigation procedure - Action by interested
   parties for the purposes of Article 88(2) EC - Admissibility -
   Conditions (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras
   60, 70-72)

   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.