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Case C-519/07 P: Judgment of the Court (Third Chamber) of 17 September 2009 — Commission of the European Communities v Koninklijke FrieslandCampina NV, formerly Koninklijke Friesland Foods NV, formerly Friesland Coberco Dairy Foods Holding NV (Appeal — State aid — State aid scheme implemented by the Netherlands for international financing activities — Decision No 2003/515/EC — Incompatibility with the common market — Transitional provision — Admissibility — Standing to bring proceedings — Interest in bringing proceedings — Principle of protection of legitimate expectations — Principle of equal treatment)
ECLI:EU:UNKNOWN:62007CA0519
62007CA0519
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Official Journal of the European Union
C 267/13
(Case C-519/07 P)(<a id="ntc1-C_2009267EN.01001301-E0001" href="#ntr1-C_2009267EN.01001301-E0001"> (<span class="super">1</span>)</a>
(Appeal - State aid - State aid scheme implemented by the Netherlands for international financing activities - Decision No 2003/515/EC - Incompatibility with the common market - Transitional provision - Admissibility - Standing to bring proceedings - Interest in bringing proceedings - Principle of protection of legitimate expectations - Principle of equal treatment)
2009/C 267/22
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: H. van Vliet and S. Noë, acting as Agents)
Other party to the proceedings: Koninklijke FrieslandCampina NV, formerly Koninklijke Friesland Foods NV, formerly Friesland Coberco Dairy Foods Holding NV (represented by: E. Pijnacker Hordijk and W. Geursen, advocaten)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-348/03 Koninklijke Friesland Foods NV (formerly Friesland Coberco Dairy Foods Holding NV) v Commission annulling Article 2 of Commission Decision 2003/515/EC of 17 February 2003 on the State aid implemented by the Netherlands for international financing activities (OJ 2003 L 180, p. 52) in so far as it excludes from the transitional scheme those operators who, as at 11 July 2001, had already lodged a request with the Netherlands tax authority for application of the aid scheme in question but whose request had not yet been determined by that date.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the Court of First Instance of the European Communities of 12 September 2007 in Case T-348/03 Koninklijke Friesland Foods v Commission;
2.Refers the case back to the Court of First Instance of the European Communities;
3.Reserves the costs.
(<a id="ntr1-C_2009267EN.01001301-E0001" href="#ntc1-C_2009267EN.01001301-E0001">*1</a> OJ C 37, 9.2.2008).