Judgment_paragraph 111 · Italian Republic and Brandt Italia SpA v Commission of the European Communities (T-239/04, T-323/04)

111Brandt expresses the same criticism, maintaining that, in recital 20 of the contested decision, the Commission refers in very general terms to the strengthening of the financial position of certain undertakings as compared with that of their competitors. Thus the Commission failed to assess and to demonstrate the impact of the measure at issue on trade between Member States, or the damage which it would inflict on competition. Accordingly, the Commission failed to fulfil its obligation, referred to in Joined Cases 296/82 and 318/82 Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraphs 22 to 24, to set out the reasons for the decisions which it adopts in the field of State aid with at least a minimum of useful information so that, if nothing else, it is possible to determine the relevant market, the position of the undertakings concerned on that market, the pattern of trade between Member States in the products in question and the exports of the undertaking allegedly benefiting from the aid.

Italian Republic and Brandt Italia SpA v Commission of the European Communities (T-239/04, T-323/04)

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