# C_2008142EN.01000201.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 142/2 |
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7.6.2008

EN

Official Journal of the European Union

C 142/2

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Judgment of the Court (Grand Chamber) of 22 April 2008 — Commission of the European Communities v Salzgitter AG, Federal Republic of Germany

(Case C-408/04 P) (1)

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(Appeal - State aid - Approval by the Commission on the basis of the EC Treaty - Steel undertaking - Articles 4(c) CS, 67 CS and 95 CS - ECSC Treaty - EC Treaty - Steel Aid Codes - Concomitant application - Incompatibility of the aid - Compulsory notification of aid granted - Failure to notify the Commission - Prolonged lack of reaction on the part of the Commission - Recovery decision - Principle of legal certainty - Protection of legitimate expectations - Rights of the defence - Obligation to state the reasons on which the decision is based)

(2008/C 142/02)

Language of the case: German

Parties

Appellant: Commission of the European Communities (represented by: V. Kreuschitz and M. Niejahr, Agents)

Appellant:

Other parties to the proceedings: Salzgitter AG (represented by: J. Sedemund and T Lübbig, Rechtsanwälte), Federal Republic of Germany (represented by: M. Lumma, W.-D. Plessing, C. Schulze-Bahr, Agents)

Other parties to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 1 July 2004 in Case T-308/00 Salzgitter AG v Commission, annulling Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) (OJ 2000 L 323, p. 5), concerning the obligation for Germany to recover the aid in question from the applicant — Breach of Article 4(c) CS and of the Third, Fourth, Fifth and Sixth Steel Aid Codes — Breach of the rights of the defence

Salzgitter AG

Commission

Operative part of the judgment

The Court:

| 1. | Dismisses the cross-appeal; |
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1.

Dismisses the cross-appeal;

| 2. | Sets aside the judgment of the Court of First Instance of the European Communities of 1 July 2004 in Case T-308/00 Salzgitter v Commission to the extent it annuls Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) and makes an order on costs; |
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2.

Sets aside the judgment of the Court of First Instance of the European Communities of 1 July 2004 in Case T-308/00 Salzgitter v Commission to the extent it annuls Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) and makes an order on costs;

Salzgitter

Commission

| 3. | Refers the case back to the Court of First Instance of the European Communities; |
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3.

Refers the case back to the Court of First Instance of the European Communities;

| 4. | Reserves costs. |
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4.

Reserves costs.

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(1)  OJ C 314, 18.12.2004.

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