Actions for annulment - State aid - Aid granted by the Kingdom of the Netherlands to manure-processing undertakings - Scheme approved by the Commission for a fixed period - Aid granted before or after the approved period.

«(Actions for annulment – State aid – Aid granted by the Kingdom of the Netherlands to manure-processing undertakings – Scheme approved by the Commission for a fixed period – Aid granted before or after the approved period)» Summary of the Judgment 1.. State aid – Administrative procedure – Obligation on the Commission to give the interested parties an opportunity to submit their comments – Right of the aid recipient to a fair hearing – Limits (Art. 88(2) EC) 2.. State aid – Commission decision – Duty of care on the Member State granting the aid and the recipient of that aid as regards the communication of all relevant information (Art. 88(2) EC) 3.. State aid – Investigation by the Commission – No observations from interested parties – No effect on the validity of the Commission's decision – Obligation to consider of its own motion information which has not been expressly invoked – No such obligation (Art. 88(2) EC) 4.. State aid – Commission decision – Judicial review – Limits – Legality to be assessed in the light of the information available when the decision was adopted (Arts 88(3) EC and 230 EC) 5.. State aid – Prohibition – Derogations – Aid which can be regarded as compatible with the common market – Commission's discretion – Judicial review – Limits (Art. 87(3) EC) 6.. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision defining an aid measure – Commission decision finding non-notified aid incompatible with the common market (Arts 87(1) EC, 88(3) EC and 253 EC) 7.. State aid – Recovery of illegally granted aid – Application of national law – Possible legitimate expectations on the part of the recipients – Protection – Conditions and limitations (Arts 87 EC and 88 EC) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)13 January 2004 (1) ((Actions for annulment – State aid – Aid granted by the Kingdom of the Netherlands to manure-processing undertakings – Scheme approved by the Commission for a fixed period – Aid granted before or after the approved period)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber, Extended Composition), having regard to the written procedure and further to the hearing on 14 January 2004, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition), Forwood Pirrung Mengozzi Meij Vilaras H. Jung N.J. Forwood Registrar President 1 – Language of the case: Dutch.