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Case T-260/21: Judgment of the General Court of 21 December 2022 — E. Breuninger v Commission (State aid — Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany — Decision not to raise any objections — Temporary Framework for State aid measures — Individual examination of the aid scheme notified — Measure aimed at remedying a serious disturbance in the economy of a Member State — Proportionality)
ECLI:EU:UNKNOWN:62021TA0260
62021TA0260
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27.2.2023
Official Journal of the European Union
C 71/21
(Case T-260/21) (<span class="oj-super oj-note-tag">1</span>)
(State aid - Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany - Decision not to raise any objections - Temporary Framework for State aid measures - Individual examination of the aid scheme notified - Measure aimed at remedying a serious disturbance in the economy of a Member State - Proportionality)
(2023/C 71/26)
Language of the case: German
Parties
Applicant: E. Breuninger GmbH & Co. (Stuttgart, Germany) (represented by: R. Velte and W. Meilicke, lawyers)
Defendant: European Commission (represented by: V. Bottka, G. Braga da Cruz and C. Kovács, acting as Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: P.-L. Krüger and J. Möller, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 8318 final of 20 November 2020 on State aid SA.59289 (2020/N) — Germany COVID-19 — Support for uncovered fixed costs (OJ 2022 C 124, p. 1), as amended by Commission Decision C(2021) 1066 final of 12 February 2021 on State aid SA.61744 (2021/N) — Collective notification of a modification adapting aid schemes approved under the Temporary Framework, in particular following the fifth amendment to the Temporary Framework (OJ 2021 C 77, p. 18).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders E. Breuninger GmbH & Co to bear its own costs and those of the European Commission;
3.Orders the Federal Republic of Germany to bear its own costs.
(<span class="oj-super">1</span>) OJ C 263, 5.7.2021.