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Document 62006CJ0039

    Judgment of the Court (First Chamber) of 19 June 2008.
    Commission of the European Communities v Federal Republic of Germany.
    Failure to fulfil obligations - State aid - Subsidies for investment and employment - Obligation to recover - Non-compliance - Principle of protection of legitimate expectations.
    Case C-39/06.

    European Court Reports 2008 I-00093*

    ECLI identifier: ECLI:EU:C:2008:349





    Judgment of the Court (First Chamber) of 19 June 2008 – Commission v Germany

    (Case C‑39/06)

    Failure of a Member State to fulfil obligations – State aid – Subsidies for investment and employment – Obligation to recover – Non-compliance – Principle of protection of legitimate expectations

    1.                     Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Defences – Legality of the decision called in question – Inadmissibility – Limits – Non‑existent measure (Arts 88(2), second para., EC, 226 EC, 227 EC, 230 EC and 232 EC) (see paras 18-20)

    2.                     State aid – Commission decision finding aid incompatible with the common market and ordering its repayment – Commission’s power to leave the calculation of the exact amount to be repaid to the national authorities (Art. 88(2) EC) (see para. 37)

    Re:

    Failure of a Member State to fulfil obligations – Infringement of Article 249 EC and Articles 1, 2 and 3 of Commission Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH (notified under document number C(2003) 1520; Aid No C-62/00, ex NN 142/99) (OJ 2003 L 227, p. 12) – Failure to take, within the prescribed period, the measures necessary to recover aid which was declared incompatible with the common market.

    Operative part

    The Court:

    1.

    Declares that, in failing to take all the measures necessary to recover certain aid declared incompatible with the common market by Article 1(2)(d) and (g) of the Commission Decision of 30 October 2002, as it appears in Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH, the Federal Republic of Germany has failed to fulfil its obligations under Articles 1 to 3 of that decision;

    2.

    Orders the Federal Republic of Germany to pay the costs.

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