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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)
ECLI:EU:UNKNOWN:62011TA0209
62011TA0209
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10.8.2013
Official Journal of the European Union
C 233/6
(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.