8.2.2016   

EN

Official Journal of the European Union

C 48/81

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annul Article 1 of the contested decision in so far as it declares that the Federal Republic of Germany granted State aid unlawfully in breach of Article 108(3) TFEU in respect of the milk quality tests carried out by the Land of Bavaria in favour of dairy sector undertakings in Bavaria, which is during the period starting 1 January 2007 incompatible with the internal market;

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annul Articles 2 to 4 of the contested decision in so far as they order recovery of the aid with interest in respect of dairy sector undertakings in Bavaria;

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order the Commission to pay the applicant’s costs.

1.

First plea in law: Infringement of Article 108(2) TFEU and of Article 6(1) and Article 24(1) of Regulation (EU) 2015/1589 (1)

Within the context of the first plea in law, the applicant claims that the alleged aid from the Land budget was not covered by the opening decision.

2.

Second plea in law: No State aid within the meaning of Article 107(1) TFEU

The applicant asserts that the dairies in connection with the funding of the milk quality tests would not receive State aid within the meaning of Article 107(1) TFEU because they were not given any selective advantage.

3.

Third plea in law (in the alternative): No infringement of the notification requirement

The applicant submits that the measures must be regarded as ‘existing aid’. The recovery therefore infringes Article 108(1) and (3) TFEU and Article 14 of Regulation (EU) 2015/1589.

4.

Fourth plea in law (in the alternative): An error of law was made in dismissing the compatibility of the aid with the internal market pursuant to Article 107(3) TFEU

5.

Fifth plea in law (in the alternative): The order for recovery of the aid infringes the principle of the protection of legitimate expectations