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Case T-671/14: Judgment of the General Court of 12 September 2017 — Bayerische Motoren Werke v Commission (State aid — Regional investment aid — Aid granted by Germany to BMW for a large investment project in Leipzig concerning the production of two models of electric cars (i3 and i8) — Decision declaring the aid partly compatible and partly incompatible with the internal market — Article 107(3)(c) TFEU — Article 108(2) and (3) TFEU — Incentive effect of the aid — Whether the aid is necessary)

ECLI:EU:UNKNOWN:62014TA0671

62014TA0671

September 12, 2017
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23.10.2017

Official Journal of the European Union

C 357/8

(Case T-671/14) (<span class="super note-tag">1</span>)

((State aid - Regional investment aid - Aid granted by Germany to BMW for a large investment project in Leipzig concerning the production of two models of electric cars (i3 and i8) - Decision declaring the aid partly compatible and partly incompatible with the internal market - Article 107(3)(c) TFEU - Article 108(2) and (3) TFEU - Incentive effect of the aid - Whether the aid is necessary))

(2017/C 357/10)

Language of the case: German

Parties

Applicant: Bayerische Motoren Werke AG (Munich, Germany) (represented by: M. Rosenthal, G. Drauz and M. Schütte, lawyers)

Defendant: European Commission (represented: initially by F. Erlbacher, T. Maxian Rusche and R. Sauer, and subsequently by T. Maxian Rusche and R. Sauer, acting as Agents)

Intervener in support of the applicant: Freistaat Sachsen (Germany) (represented by: T. Lübbig and K. Gaßner, lawyers)

Re:

Application pursuant to Article 263 TFEU for partial annulment of Commission Decision C(2014) 4531 final of 9 July 2014 on the State aid No SA.32009 (2011/C) (ex 2010/N) which the Federal Republic of Germany plans to grant to BMW for a large investment project in Leipzig.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Bayerische Motoren Werke AG to bear its own costs and to pay those incurred by the European Commission;

3.Orders the Freistaat Sachsen to bear its own costs.

(<span class="super">1</span>) OJ C 439, 8.12.2014.

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