15.8.2008

Official Journal of the European Union

C 209/3

(Case C-39/06) (<span class="super">1</span>)

(Failure to fulfil obligations - State aid - Subsidies for investment and employment - Obligation to recover - Non-compliance - Principle of protection of legitimate expectations)

(2008/C 209/04)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: K. Gross and T. Scharf, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 249 EC and Articles 1, 2 and 3 of Commission Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH (notified under document number C(2003) 1520; Aid No C-62/00, ex NN 142/99) (OJ 2003 L 227, p. 12) — Failure to take, within the prescribed time-limit, the measures necessary to recover aid which was declared incompatible with the common market

Operative part of the judgment

The Court:

1.Declares that, in failing to take all the measures necessary to recover certain aid declared incompatible with the common market by Article 1(2)(d) and (g) of the Commission Decision of 30 October 2002, as it appears in Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH, the Federal Republic of Germany has failed to fulfil its obligations under Articles 1 to 3 of that decision;

2.Orders the Federal Republic of Germany to pay the costs.

(<span class="super">1</span>) OJ C 60, 11.3.2006.