|
4.2.2019 |
EN |
Official Journal of the European Union |
C 44/54 |
Order of the General Court of 25 October 2018 — Biogas Nord v Commission
(Case T-628/11) (1)
((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/69)
Language of the case: German
Parties
Applicant: Biogas Nord AG (Bielefeld, Germany) (represented by: C. Birkemeyer, lawyer)
Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche and M. Adam, then, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).
Operative part of the order
|
1. |
There is no need to adjudicate on the action; |
|
2. |
The European Commission is ordered to pay its own costs as well as those incurred by Biogas Nord AG; |
|
3. |
The Federal Republic of Germany is ordered to bear its own costs. |