EN

Official Journal of the European Union

C 267/75

(Case T-347/09)

2009/C 267/135

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and B. Klein)

Defendant: Commission of the European Communities

Form of order sought

—Declare Commission Decision SG-Greffe (2009) D/3985 on State aid No NN 8/2009 of 2 July 2009 null and void, to the extent that the measures notified are categorised as State aid within the meaning of Article 87(1) EC;

—Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant challenges Commission Decision K(2009) 5080, definitive since 2 July 2009, concerning aid rules which consist of, first, the free transfer of federally-owned national nature reserves and, second, support for large conservation projects (State aid NN 8/21009 — Germany — Conservation areas). In that decision, the Commission takes the view that the aid rules notified are compatible with the common market under Article 86(2) EC. The applicant challenges the contested decision, to the extent that the measures notified are categorised as State aid within the meaning of Article 87(1) EC.

As the basis of its action, the applicant claims that the defendant incorrectly applied Article 87(1) EC in a number of respects. In that regard, it is submitted, inter alia, that the defendant wrongly categorises conservation organisations as undertakings and wrongly failed to carry out the necessary overall assessment of the measures referred to. Furthermore, the conservation organisations have obtained no material advantage for State aid purposes from the measures referred to. The applicant further complains of an incorrect application of the fourth criterion laid down by the Court of Justice in Case C-280/00 Altmark Trans und Regierungspräsidium Magdeburg [2003] ECR I-7747.

In the alternative, a breach of the duty to state reasons laid down in Article 253 EC is claimed.