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Case C-408/04 P: Judgment of the Court (Grand Chamber) of 22 April 2008 — Commission of the European Communities v Salzgitter AG, Federal Republic of Germany (Appeal — State aid — Approval by the Commission on the basis of the EC Treaty — Steel undertaking — Articles 4(c) CS, 67 CS and 95 CS — ECSC Treaty — EC Treaty — Steel Aid Codes — Concomitant application — Incompatibility of the aid — Compulsory notification of aid granted — Failure to notify the Commission — Prolonged lack of reaction on the part of the Commission — Recovery decision — Principle of legal certainty — Protection of legitimate expectations — Rights of the defence — Obligation to state the reasons on which the decision is based)
ECLI:EU:UNKNOWN:62004CA0408
62004CA0408
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Official Journal of the European Union
C 142/2
(Case C-408/04 P)
(Appeal - State aid - Approval by the Commission on the basis of the EC Treaty - Steel undertaking - Articles 4(c) CS, 67 CS and 95 CS - ECSC Treaty - EC Treaty - Steel Aid Codes - Concomitant application - Incompatibility of the aid - Compulsory notification of aid granted - Failure to notify the Commission - Prolonged lack of reaction on the part of the Commission - Recovery decision - Principle of legal certainty - Protection of legitimate expectations - Rights of the defence - Obligation to state the reasons on which the decision is based)
(2008/C 142/02)
Language of the case: German
Parties
Appellant: Commission of the European Communities (represented by: V. Kreuschitz and M. Niejahr, Agents)
Other parties to the proceedings: Salzgitter AG (represented by: J. Sedemund and T Lübbig, Rechtsanwälte), Federal Republic of Germany (represented by: M. Lumma, W.-D. Plessing, C. Schulze-Bahr, Agents)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 1 July 2004 in Case T-308/00 Salzgitter AG v Commission, annulling Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) (OJ 2000 L 323, p. 5), concerning the obligation for Germany to recover the aid in question from the applicant — Breach of Article 4(c) CS and of the Third, Fourth, Fifth and Sixth Steel Aid Codes — Breach of the rights of the defence
Operative part of the judgment
The Court:
1.Dismisses the cross-appeal;
2.Sets aside the judgment of the Court of First Instance of the European Communities of 1 July 2004 in Case T-308/00 Salzgitter v Commission to the extent it annuls Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) and makes an order on costs;
3.Refers the case back to the Court of First Instance of the European Communities;
4.Reserves costs.
(1) OJ C 314, 18.12.2004.