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Joined Cases T-102/07 and T-120/07: Judgment of the General Court of 3 March 2010 — Freistaat Sachsen and Others v Commission (State aid — Aid granted by Germany in the form of a participation and loan guarantees — Decision declaring aid incompatible with the common market — General aid scheme approved by the Commission — Concept of a firm in difficulty — Guidelines on State aid for rescuing and restructuring firms in difficulty — Amount of aid — Obligation to state the reasons on which the decision is based)
ECLI:EU:UNKNOWN:62007TA0102
62007TA0102
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Valentina R., lawyer
17.4.2010
Official Journal of the European Union
C 100/37
(Joined Cases T-102/07 and T-120/07) (<span class="super">1</span>)
(State aid - Aid granted by Germany in the form of a participation and loan guarantees - Decision declaring aid incompatible with the common market - General aid scheme approved by the Commission - Concept of a firm in difficulty - Guidelines on State aid for rescuing and restructuring firms in difficulty - Amount of aid - Obligation to state the reasons on which the decision is based)
2010/C 100/57
Language of the case: German
Parties
Applicants: Freistaat Sachsen (Germany) (represented by: C. von Donat and G. Quardt, lawyers) (Case T-102/07), MB Immobilien Verwaltungs GmbH (Neukirch, Germany) (represented initially by: G. Brüggen, and subsequently by A. Seidl, K. Lengert and W. Sommer, lawyers) and MB System GmbH & Co. KG, (Nordhausen, Germany) (represented by: G. Brüggen, lawyer) (Case T-120/07)
Defendant: European Commission (represented by: K. Gross and T. Scharf, Agents)
Re:
Application for annulment of Commission Decision 2007/492/EC of 24 January 2007 on the State aid C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria Group (OJ 2007 L 183, p. 27)
Operative part of the judgment
The Court:
1.Annuls Commission Decision 2007/492/EC of 24 January 2007 on the State aid C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria Group.
2.Orders the Commission to pay the costs, including those relating to the interim proceedings in Case T-120/07.
(<span class="super">1</span>) OJ C 129, 9.6.2007.