CASE COMMENTS: STATE AIDS - RESCUING AND RESTRUCTURING FIRMS AID
Rescue and restructuring aid: The CFI confirms the absence of proof of the necessary nature of a rescue and restructuring aid on the basis of the information available to the European Commission (Schmitz-Gotha Fahrzeugwerke)
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The Court of First Instance of the EC confirms the absence of evidence of the necessity of rescue and restructuring aid on the basis of the information available to the Commission at the time of the adoption of its decision.
– CFI, 6 April 2006, Schmitz-Gotha Fahrzeugwerke v. Commission, Case T-17/03.
This case essentially concerns the assessment of the criterion of proportionality and necessity of the aid within the meaning of point 3.2.2.C. of the Commission guidelines on State aid for rescuing and restructuring firms in difficulty, in the 1994 version applicable to the facts of the case. The Court of First Instance points out that,
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