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Case T-461/12: Judgment of the General Court of 9 September 2014 — Hansestadt Lübeck v Commission (State aid — Airport charges — Lübeck Airport — Decision to initiate the procedure laid down in Article 108(2) TFEU — Article 107(1) TFEU — Manifest error of assessment — Article 10 of Regulation (EC) No 659/1999)

ECLI:EU:UNKNOWN:62012TA0461

62012TA0461

September 9, 2014
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Official Journal of the European Union

C 372/15

(Case T-461/12) (<span class="super">1</span>)

((State aid - Airport charges - Lübeck Airport - Decision to initiate the procedure laid down in Article 108(2) TFEU - Article 107(1) TFEU - Manifest error of assessment - Article 10 of Regulation (EC) No 659/1999))

2014/C 372/19

Language of the case: German

Parties

Applicant: Hansestadt Lübeck (Germany) successor in title to Flughafen Lübeck GmbH (represented by: M. Núñez Müller, J. Dammann de Chapto and T. Becker, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2012) 1012 final of 22 February 2012 on State aid No SA.27585 and No SA.31149 (2012/C) (ex NN/2012, ex CP 31/2009 and CP 162/2010) — Germany, in so far as that decision concerns the schedule of charges of Lübeck airport (Germany) adopted in 2006.

Operative part of the judgment

The Court:

1)Annuls Commission Decision C(2012) 1012 final of 22 February 2012 on State aid No SA.27585 and No SA.31149 (2012/C) (ex NN/2012, ex CP 31/2009 and CP 162/2010) — Germany, in so far as that decision concerns the schedule relating to the airport charges for Lübeck airport adopted in 2006;

2)Dismisses the action as to the remainder;

3)Orders the European Commission to bear its own costs and to pay half of those incurred by Hansestadt Lübeck.

(<span class="super">1</span>) OJ C 379, 8.12.2012.

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