Judgment_paragraph 85 · ESF Elbe-Stahlwerke Feralpi GmbH v Commission of the European Communities (T-6/99)

85Article 67(3) of the ECSC Treaty is aimed at a measure adopted by a Member State which confers an advantage on its steel industry compared with other national industries. It implicitly recognises the legality of such an advantage, and at the same time empowers the Commission to make the necessary recommendations to the Member State concerned (De Gezamenlijke Steenkolenmijnen in Limburg v High Authority, cited in paragraph 48 above, at 21). However, as the Commission emphasises in its written submissions, that provision is aimed solely at advantages in favour of the steel industry arising from the application of national legislation or regulations connected with the general economic policy of the Member State concerned, not public subsidies granted specially to the coal and steel industry or, as in the present case, to a specific steel undertaking, which come under Article 4(c) of the ECSC Treaty (see, in that regard, Opinion of Advocate General Roemer in Case 59/70 Netherlands v Commission [1971] ECR 639, at 662 to 664; see also Case T-37/97 Forges de Clabecq v Commission [1999] ECR II-859, paragraph 141).

ESF Elbe-Stahlwerke Feralpi GmbH v Commission of the European Communities (T-6/99)

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