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Document 62011TA0209

    Case T-209/11: Judgment of the General Court of of 3 July 2013 — MB System v Commission (State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment)

    IO C 233, 10.8.2013, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    IO C 233, 10.8.2013, p. 4–4 (HR)

    10.8.2013   

    EN

    Official Journal of the European Union

    C 233/6


    Judgment of the General Court of of 3 July 2013 — MB System v Commission

    (Case T-209/11) (1)

    (State aid - Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking - Decision declaring the aid incompatible with the internal market - Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure - Advantage - Private investor test - Concept of firm in difficulty - Calculation of the aid element - Manifest error of assessment)

    2013/C 233/09

    Language of the case: German

    Parties

    Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen and C. Geiert, lawyers)

    Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, Agents)

    Re:

    Application for annulment of Commission Decision 2011/471/EU of 14 December 2010 on State aid C 38/05 (ex NN 52/04) granted by Germany to the Biria group (OJ 2011 L 195, p. 55).

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings.


    (1)  OJ C 186, 25.6.2011.


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