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:

   APPLICATION for annulment of Commission Decision 2009/612/EC of 10
   March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by
   Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending
   Decision 1999/395/EC (OJ 2009 L 210, p. 4).

   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.