CASE COMMENT: STATE AIDS - ACCESS TO DOCUMENTS
Access to documents: The CFI interprets for the first time the right of access to documents in the State aid control procedure (Technische Glaswerke Ilmenau)
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– CFI, 14 December 2006, Technische Glaswerke Ilmenau GmbH v Commission, Case T-237/02
In control procedures under the State aid rules, interested undertakings, whether aid recipients or competitors, and in general all interested parties other than the Member State directly concerned by the aid, do not have rights of defence. They therefore have no right of access to the Commission's file.
Persons interested in the aid are only entitled to be given notice to submit their comments on the letter by which the Commission initiates the formal investigation procedure and thus to have access to that decision and to reply to it. As such, they have the right to
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