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23.6.2007 |
EN |
Official Journal of the European Union |
C 140/19 |
Judgment of the Court of First Instance of 3 May 2007 — Freistaat Sachsen v Commission
(Case T-357/02) (1)
(State aid - Aid granted by the authorities of the Free State of Saxony - Aid scheme for small and medium-sized enterprises - Accelerated clearance procedure - Application ratione temporis of the Community guidelines and of the exempting regulation concerning aid to small and medium-sized enterprises - Aid scheme notified before the entry into force of the exempting regulation - Legitimate expectations - Legal certainty - Complete notification)
(2007/C 140/29)
Language of the case: German
Parties
Applicant: Freistaat Sachsen (Germany) (represented by: T. Lübbig, lawyer)
Defendant: Commission of the European Communities (represented by: V. Kreuschitz and J. Flett, Agents)
Re:
Action for annulment of the second paragraph of Article 2 and of Articles 3 and 4 of 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),
Operative part of the judgment
The Court:
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1. |
Annuls the second paragraph of Article 2 and Articles 3 and 4 of 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); |
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2. |
Orders the Commission of the European Communities to pay the costs. |