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Case T-612/11: Order of the General Court of 25 October 2018 — Treofan Holdings and Treofan Germany v Commission (State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
ECLI:EU:UNKNOWN:62011TB0612
62011TB0612
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4.2.2019
Official Journal of the European Union
C 44/50
(Case T-612/11) (<span class="super note-tag">1</span>)
((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/63)
Language of the case: German
Parties
Applicants: Treofan Holdings GmbH (Raunheim, Germany), Treofan Germany GmbH & Co. KG (Neunkirchen, Germany) (represented by: J de Weerth, lawyer)
Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche and M. Adam, then, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).
Operative part of the order
1.There is no need to adjudicate on the action;
2.The European Commission is ordered to pay its own costs as well as those incurred by Treofan Holdings GmbH and Treofan Germany GmbH & Co. KG;
3.The Federal Republic of Germany is ordered to bear its own costs.
(<span class="note">1</span>) OJ C 32, 4.2.2012.