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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v MTU Friedrichshafen (State aid) [2009] EUECJ C-520/07 (17 September 2009) URL: https://www.bailii.org/eu/cases/EUECJ/2009/C52007.html Cite as: [2009] EUECJ C-520/07, [2009] EUECJ C-520/7 |
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(Appeals Restructuring aid Decision ordering the recovery of aid incompatible with the common market Article 13(1) of Regulation (EC) No 659/1999 Joint and several liability)
In Case C-520/07 P,
APPEAL under Article 56 of the Statute of the Court of Justice, brought on 21 November 2007,
Commission of the European Communities, represented by K. Gross and B. Martenczuk, acting as Agents, with an address for service in Luxembourg,
applicant,
the other party to the proceedings being:
MTU Friedrichshafen GmbH, represented by Th. Lübbig and M. le Bell, Rechtsanwälte,
applicant at first instance,
composed of P. Jann, President of the Chamber, A. Tizzano (Rapporteur), A. Borg Barthet, E. Levits and J.-J. Kasel, Judges,
Advocate General: V. Trstenjak,
Registrar: R. Grass,
after hearing the Opinion of the Advocate General at the sitting on 19 February 2009,
gives the following
Legal context
'1. Where the Commission has in its possession information from whatever source regarding alleged unlawful aid, it shall examine that information without delay.
2. If necessary, it shall request information from the Member State concerned. Article 2(2) and Article 5(1) and (2) shall apply mutatis mutandis.
3. Where, despite a reminder pursuant to Article 5(2), the Member State concerned does not provide the information requested within the period prescribed by the Commission, or where it provides incomplete information, the Commission shall by decision require the information to be provided (hereinafter referred to as an 'information injunction'). The decision shall specify what information is required and prescribe an appropriate period within which it is to be supplied.'
'The examination of possible unlawful aid shall result in a decision pursuant to Article 4(2), (3) or (4). In the case of decisions to initiate the formal investigation procedure, proceedings shall be closed by means of a decision pursuant to Article 7. If a Member State fails to comply with an information injunction, that decision shall be taken on the basis of the information available.'
'1. Where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary (hereinafter referred to as a 'recovery decision'. The Commission shall not require recovery of the aid if this would be contrary to a general principle of Community law.
...'
Background to the dispute
The judgment under appeal
Forms of order sought
set aside the judgment under appeal;
give a final decision in the case and dismiss the application for annulment as unfounded;
order MTU to bear the costs of the appeal proceedings and those of the proceedings at first instance.
declare the appeal inadmissible;
in the alternative, dismiss it as unfounded;
order the Commission to pay the costs.
The appeal
The first ground of appeal
Arguments of the parties
Findings of the Court
The second ground of appeal
Arguments of the parties
Findings of the Court
Costs
On those grounds, the Court (First Chamber) hereby:
1. Dismisses the appeal;
2. Orders the Commission to pay the costs.
[Signatures]
* Language of the case: German.