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17.11.2014 |
EN |
Official Journal of the European Union |
C 409/5 |
Judgment of the Court (Fifth Chamber) of 11 September 2014 — European Commission v Federal Republic of Germany
(Case C-527/12) (1)
((Failure of a Member State to fulfil obligations - State aid incompatible with the internal market - Obligation to recover - Article 108(2) TFEU - Regulation (EC) No 659/1999 - Article 14(3) - Commission decision - Measures to be taken by the Member States))
2014/C 409/06
Language of the case: German
Parties
Applicant: European Commission (represented by: T. Maxian Rusche and F. Erlbacher, acting as Agents)
Defendant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents)
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take all necessary measures to recover from the beneficiary the State aid which was the subject of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)), the Federal Republic of Germany has failed to fulfil its obligations under Article 108(2) TFEU, Article 14(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of [Article 108 TFEU], and Articles 1 to 3 of that decision; |
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2. |
Orders the Federal Republic of Germany to pay the costs. |