7.11.2014 Official Journal of the European Union L 323/9 COMMISSION DECISION of 25 June 2014 on the State aid No SA.20949 (C 23/06) — Poland — Technologie Buczek (notified under document C(2014) 4099) (Only the Polish text is authentic) (Text with EEA relevance) (2014/765[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Whereas: 1. PROCEDURE (1) By letter dated 7 June 2006, the Commission notified Poland of its decision to open a formal investigation procedure under Article 88(2) EC in the above State aid case. (20 On 23 October 2007, the Commission Decision 2008/344/EC (') (the decision’) was adopted in which the Commission concluded that State aid received by steel producer Technologie Buczek Group (TB Group’) was incompatible with the common market and ordered Poland to recover it from TB Group’s constituent entities, i.e. the mother company Technologie Buczek S.A. (TB’) and its subsidiaries Huta Buczek sp. z 0.0. (HB’) and Buczek Automotive sp. z 0.0. (BA’) in proportion to the benefit actually obtained. (3)  On 8 January 2008, BA applied to the General Court for the partial annulment of the decision. TB and HB submitted separate applications but later withdrew their actions. (4) By ruling of 17 May 2011 (%), the General Court annulled the decision in so far as BA is concerned (see detailed description below in recital 7). On 21 March 2013, the Court of Justice dismissed the appeal brought by the Commission against the judgment by the General Court (3). (5) As a result of the annulment of the decision in so far BA is concerned, the formal investigation procedure C23/06 has not been closed, and the Commission had to resume that procedure from the point at which the illegality had occurred. (6)  The Commission requested information from Poland on 22 April 2013, 12 June 2013 and 27 November 2013, to which Poland replied on 8 May 2013, 26 July 2013 and 10 February 2014. 2. ASSESSMENT (7 The Court annulled: — Article 1 of the decision which declares the State aid in the amount of PLN 20 761 643 unlawfully granted to the TB Group to be incompatible with the common market, () Commission Decision 2008/344/EC of 23 October 2007 on State aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (O] L 116, 30.4.2008, p. 26). (%) Case T-1/08, Buczek Automotive sp. z 0.0. v Commission, ECLLEU: T:2011:216. (}) Case C-405/11 P Commission v Buczek Automotive sp. z o.0., ECLLEU:C:2013:186.