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Case C-520/07 P: Judgment of the Court (First Chamber) of 17 September 2009 — Commission of the European Communities v MTU Friedrichshafen GmbH (Appeals — Restructuring aid — Decision ordering the recovery of aid incompatible with the common market — Article 13(1) of Regulation (EC) No 659/1999 — Joint and several liability)
ECLI:EU:UNKNOWN:62007CA0520
62007CA0520
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Official Journal of the European Union
(Case C-520/07 P) (*)
(Appeals - Restructuring aid - Decision ordering the recovery of aid incompatible with the common market - Article 13(1) of Regulation (EC) No 659/1999 - Joint and several liability)
2009/C 267/23
Language of the case: German
Parties
Appellant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, acting as Agents)
Other party to the proceedings: MTU Friedrichshafen GmbH (represented by: Th. Lübbig and M. le Bell, Rechtsanwälte)
Re:
Appeal brought against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) delivered on 12 September 2007 in Case T-196/02 MTU Friedrichshafen v Commission, in which the Court of First Instance annulled Article 3(2) of Commission Decision 2002/898/EC of 9 April 2002 on the State aid implemented by Germany for SKL Motoren- und Systembautechnik GmbH, in so far as it orders MTU Friedrichshafen GmbH to repay jointly and severally a sum of EUR 2,71 million — Limits and conditions on the application of Article 13(1) of Council Regulation (EC) No 659/1999 of 22 March 1999, allowing the Commission to adopt a final decision finding aid to be incompatible with the common market on the basis of the information available if a Member State fails to comply with an information injunction
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Commission of the European Communities to pay the costs.
(*)
ECLI:EU:C:2009:540
15
* * *
Language of the case: German.