CELEX: 62006CJ0039
Failure to fulfil obligations
State aid
Subsidies for investment and employment
Obligation to recover
Non-compliance
Principle of protection of legitimate expectations

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 period, the measures necessary to recover aid which was declared incompatible with the common market.
Operative part
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.