The General Court of the EU in the Buczek Automotive v. Commission case found that Buczek Automotive is not obliged to repay the state aid exceeding PLN 7 million (plus interests). As a result of this judgment the European Commission decision is partially annulled. The Court agreed with pleas and arguments presented by Buczek Automotive and UOKiK

Buczek Automotive is not obliged to repay the state aid exceeding PLN 7 million (plus interests). The General Court of the EU agreed with pleas and arguments presented by Buczek Automotive and UOKiK

The judgment of the General Court concerns the Commission decision of October 2007 that obliged the Republic of Poland to recover from steel producer Technologie Buczek Group (TBG) the aid of over PLN 22 million (plus interests). TBG consisted of Technologie Buczek (TB) and its subsidiaries, among which were Huta Buczek (HB) and Buczek Automotive (BA). TB was the main beneficiary of the aid.

The Commission found that the Polish tube producer Technologie Buczek had received illegal and incompatible aid in the form of nonenforcement by state bodies of TB’s debts and that it misused restructuring aid it had received in 2003. Two of TB’s subsidiaries – Huta Buczek and Buczek Automotive - benefited from this aid through significant capital and asset injections from Technologie Buczek. Therefore, the Commission ordered Poland to recover the aid not only from TB, but also from its subsidiaries. Buczek Automotive appealed the decision to the General Court seeking its annulment. The Office of Competition and Consumer Protection supported BA’s position in the case and intervened in it. On 17^th May 2011 the Court delivered the judgment in BA’s case (case no T-1/08), ruling that the company is not obliged to repay the aid.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+48 22) 827 28 92, 55 60 314
faks (+48 22) 22 826 11 86
E-mail malgorzata.cieloch@uokik.gov.pl