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Case C-527/12: Action brought on 20 November 2012 — European Commission v Federal Republic of Germany
ECLI:EU:UNKNOWN:62012CN0527
62012CN0527
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26.1.2013
EN
Official Journal of the European Union
C 26/36
(Case C-527/12)
2013/C 26/68
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
Form of order sought
The applicant claims that the Court should:
—declare that, by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid, the Federal Republic of Germany has failed to fulfil its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) and Articles 1, 2 and 3 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));
—order the defendant to pay the costs.
Pleas in law and main arguments
The Commission claims that the Federal Republic of Germany has failed to comply with its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty and Articles 1, 2 and 3 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)) by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid.
The Commission takes the view that the instrument chosen by the defendant to recover the aid, namely the granting of civil law claim and a corresponding action for enforcement before the German civil law courts, is not appropriate to ensure the immediate and effective implementation of the Commission’s decision. In the alternative, it submits that, on the day the action was lodged, the defendant had not made use of the provisional basis provided to it by the judgment taken by default to implement the Commission’s decision.
(1) OJ 1999 L 83, p. 1.
(2) OJ 2011 L 195, p. 55.
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