comments ' ', THE ' ' parties. Better dated 6 february 1981 THE belgian government notified THE commission OF THE AID IN question. 22 this submission must therefore also BE dismissed. Decision on costs costs 42 under article 69 ( 2 ) OF THE rules OF procedure THE unsuccessful party IS TO BE ordered TO PAY THE costs. Article 2 OF THE decision provided that THE kingdom OF belgium WAS TO inform THE commission within three months ' ' OF THE measures IT HAS taken TO ensure that THE AID. 13 finally, THE commission ' S decision cannot BE criticized FOR failure TO have regard TO article 22, which provides that ' ' this treaty shall IN NO WAY prejudice THE rules IN member states governing THE system OF property ownership ' '.
EUR-Lex - 61982CJ0323 - EN - EUR-Lex
36 ON that point IT should BE noted that IN THE course OF THE proceedings THE commission conceded that, although IT HAD condemned THE capital holdings IN their entirety, they might nevertheless BE compatible with THE treaty IN SO FAR AS they were intended. 41 IN view OF THE foregoing IT IS NOT necessary TO examine THE submissions that THE commission erred IN ITS appraisal OF THE facts OF THE case OR THE submission that THE contested decision interfered with THE applicant ' S civil rights without there being. The basic shape of his logos usually took only half an hour to complete. Under that plan THE applicants abandoned bulk production AND went over TO THE manufacture OF special papers witigh added value. Operative part ON those grounds, THE court hereby :. Moreover, that WAS apparent from THE fact that THE notice requested THE parties concerned TO submit their comments withipecified period. IT merely stated does wilkes university require essay that that holding WAS ' ' NOT directly linked TO THE restructuring operation ' ' AND, IN view OF THE losses suffered BY THE undertaking over several financial years, constituted purely financial ' ' rescue AID ' ' ; IN THE course. IT must BE noted that THE ' ' parties concerned ' ' referred TO IN that provision ARE NOT only THE undertaking OR undertakings receiving AID BUT equally THE persons, undertakings OR associations whose interests might BE affected BY THE grant OF THE AID,. ON THE other hand, THE commission considered that THE AID granted BY THE belgian authorities IN THE form oolding IN THE undertaking ' S capital DID NOT qualify FOR exemption under article 92 ( 3 ) because that part OF THE AID WAS NOT directly. THE granting OF AID, especially IN THE form OF capital holdings acquired BY THE state OR BY public authorities, cannot BE regarded AS being automatically contrary TO THE provisions OF THE treaty. Decision on costs, operative part, keywords.
12 moreover, IT should BE noted that THE applicants, IN stressing that THE restructuring carried OUT BY means OF THE AID IN question constituted AN indivisible whole, from AN industrial AND financial point OF view, have implicitly acknowledged that THE original undertaking AND THE NEW. They maintain that THE AID, FAR from having strengthened THE applicant ' S position ON THE market, WAS intended TO BE used TO reduce output AND convert production TO more profitable sectors. 38 AS regards THE first part OF that requirement, THE relevant paragraphs OF THE preamble TO THE decision merely note THE objections raised BY THE governments OF three member states, TWO trade assocations AND AN undertaking IN THE paper industry. 39 AS regards THE second part OF THE requirement, THE commission, having stated that THE AID granted IN THE form oapital holding IS NOT directly linked TO THE restructuring OF THE undertaking BUT constitutes ' ' rescue AID ' ', asserts that such AID '. 40 ON those grounds, THE contested decision must BE declared void. IN june 1980, before THE contested decision WAS adopted, three NEW AND independent manufacturing companies were SET UP under THE restructuring plan financed BY THE AID. Spanish special edition Page 00833, swedish special edition Page 00685, finnish special edition Page 00667. 37 IN relation TO ITS claim that THE contested AID damages competition IN THE common market, THE commission referred TO THE provisions OF article 92 ( 1 ) AND TO THE requirement laid down IN article 92 ( 3 according TO which AID MAY.
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