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Document 62007CA0334
Case C-334/07 P: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen (Appeal — State aid — Proposed scheme for aid to small and medium-sized enterprises — Compatibility with the common market — Criteria for assessing State aid — Application ratione temporis — Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 — Decision subsequent to entry into force thereof — Legitimate expectations — Legal certainty — Complete notifications)
Case C-334/07 P: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen (Appeal — State aid — Proposed scheme for aid to small and medium-sized enterprises — Compatibility with the common market — Criteria for assessing State aid — Application ratione temporis — Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 — Decision subsequent to entry into force thereof — Legitimate expectations — Legal certainty — Complete notifications)
Case C-334/07 P: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen (Appeal — State aid — Proposed scheme for aid to small and medium-sized enterprises — Compatibility with the common market — Criteria for assessing State aid — Application ratione temporis — Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 — Decision subsequent to entry into force thereof — Legitimate expectations — Legal certainty — Complete notifications)
OJ C 32, 7.2.2009, p. 5–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.2.2009 |
EN |
Official Journal of the European Union |
C 32/5 |
Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen
(Case C-334/07 P) (1)
(Appeal - State aid - Proposed scheme for aid to small and medium-sized enterprises - Compatibility with the common market - Criteria for assessing State aid - Application ratione temporis - Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 - Decision subsequent to entry into force thereof - Legitimate expectations - Legal certainty - Complete notifications)
(2009/C 32/09)
Language of the case: German
Parties
Appellant: Commission of the European Communities (represented by: K. Gross, acting as Agent)
Other party to the proceedings: Freistaat Sachsen (represented by: Th. Lübbig, Rechtsanwalt)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 3 May 2007 in Case T-357/02 Freistaat Sachsen v Commission by which the Court annulled in part Commission Decision 2003/226/EC of 24 September 2002 on an aid scheme which the Federal Republic of Germany is planning to implement — ‘Guidelines on assistance for SMEs — Improving business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs), 5 (Cooperation) and 7 (Design promotion) (OJ 2003 L 91, p. 13) — Applicability of Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises for aid projects notified to the Commission before the entry into force of that regulation
Operative part of the judgment
The Court:
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1. |
Sets aside the judgment of the Court of First Instance of the European Communities of 3 May 2007 in Case T-357/02 Freistaat Sachsen v Commission; |
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2. |
Refers the case back to the Court of First Instance of the European Communities; |
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3. |
Reserves costs. |