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Case T-163/05: Judgment of the General Court of 3 March 2010 — Bundesverband deutscher Banken v Commission (State aid — Transfer of public assets to Landesbank Hessen-Thüringen Girozentrale — Decision declaring the aid to be, in part, incompatible with the common market and ordering its recovery — Private investor test — Obligation to state the reasons on which the decision is based)
ECLI:EU:UNKNOWN:62005TA0163
62005TA0163
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17.4.2010
Official Journal of the European Union
C 100/36
(Case T-163/05) (<span class="super">1</span>)
(State aid - Transfer of public assets to Landesbank Hessen-Thüringen Girozentrale - Decision declaring the aid to be, in part, incompatible with the common market and ordering its recovery - Private investor test - Obligation to state the reasons on which the decision is based)
2010/C 100/54
Language of the case: German
Parties
Applicant: Bundesverband deutscher Banken eV (Berlin, Germany) (represented by: H.-J. Niemeyer, K.-S. Scholz and J.-O. Lenschow, lawyers)
Defendant: European Commission (represented by: N. Khan and T. Scharf, Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by M. Lumma and C. Schulze-Bahr, acting as Agents, and by J. Witting, lawyer); Land Hessen (Germany) (represented initially by H.-J. Freund and M. Holzhäuser, and subsequently by H.-J. Freund and S. Lehr, lawyers); and Landesbank Hessen-Thüringen Girozentrale (Frankfurt am Main, Germany) (represented by H.-J. Freund, lawyer)
Re:
Application for annulment of Commission Decision 2006/742/EC of 20 October 2004 on aid granted by Germany [to] Landesbank Hessen-Thüringen — Girozentrale (OJ 2006 L 307, p. 159)
Operative part of the judgment
The Court:
1.Orders the documents produced by the Bundesverband deutscher Banken eV at Annexes 9 and 10 to the reply to be removed from the file;
2.Dismisses the application;
3.Orders the Bundesverband deutscher Banken to bear its own costs and to pay those incurred by the European Commission, the Land Hessen and Landesbank Hessen-Thüringen Girozentrale;
4.Orders the Federal Republic of Germany to bear its own costs.
(<span class="super">1</span>) OJ C 155, 25.6.2005.