# C_2016048EN.01008101.xml

| 8.2.2016 | EN | Official Journal of the European Union | C 48/81 |
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8.2.2016

EN

Official Journal of the European Union

C 48/81

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Action brought on 26 November 2015 — Freistaat Bayern v Commission

(Case T-683/15)

(2016/C 048/89)

Language of the case: German

Parties

Parties

Applicant: Freistaat Bayern (represented by: U. Soltész and H. Weiß, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul Article 1 of the contested decision in so far as it declares that the Federal Republic of Germany granted State aid unlawfully in breach of Article 108(3) TFEU in respect of the milk quality tests carried out by the Land of Bavaria in favour of dairy sector undertakings in Bavaria, which is during the period starting 1 January 2007 incompatible with the internal market; |
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annul Article 1 of the contested decision in so far as it declares that the Federal Republic of Germany granted State aid unlawfully in breach of Article 108(3) TFEU in respect of the milk quality tests carried out by the Land of Bavaria in favour of dairy sector undertakings in Bavaria, which is during the period starting 1 January 2007 incompatible with the internal market;

| — | annul Articles 2 to 4 of the contested decision in so far as they order recovery of the aid with interest in respect of dairy sector undertakings in Bavaria; |
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annul Articles 2 to 4 of the contested decision in so far as they order recovery of the aid with interest in respect of dairy sector undertakings in Bavaria;

| — | order the Commission to pay the applicant’s costs. |
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order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

Pleas in law and main arguments

By its present action, the applicant seeks the partial annulment of Commission Decision C(2015) 6295 final of 18 September 2015 concerning State aid SA.35484 (2013/C) (ex SA.35484 (2012/NN)) granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law.

In support of the action, the applicant relies on five pleas in law.

| 1. | First plea in law: Infringement of Article 108(2) TFEU and of Article 6(1) and Article 24(1) of Regulation (EU) 2015/1589 (1)

  Within the context of the first plea in law, the applicant claims that the alleged aid from the Land budget was not covered by the opening decision. |
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1.

First plea in law: Infringement of Article 108(2) TFEU and of Article 6(1) and Article 24(1) of Regulation (EU) 2015/1589 (1)

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Within the context of the first plea in law, the applicant claims that the alleged aid from the Land budget was not covered by the opening decision.

| 2. | Second plea in law: No State aid within the meaning of Article 107(1) TFEU
  The applicant asserts that the dairies in connection with the funding of the milk quality tests would not receive State aid within the meaning of Article 107(1) TFEU because they were not given any selective advantage. |
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2.

Second plea in law: No State aid within the meaning of Article 107(1) TFEU

The applicant asserts that the dairies in connection with the funding of the milk quality tests would not receive State aid within the meaning of Article 107(1) TFEU because they were not given any selective advantage.

| 3. | Third plea in law (in the alternative): No infringement of the notification requirement
  The applicant submits that the measures must be regarded as ‘existing aid’. The recovery therefore infringes Article 108(1) and (3) TFEU and Article 14 of Regulation (EU) 2015/1589. |
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3.

Third plea in law (in the alternative): No infringement of the notification requirement

The applicant submits that the measures must be regarded as ‘existing aid’. The recovery therefore infringes Article 108(1) and (3) TFEU and Article 14 of Regulation (EU) 2015/1589.

| 4. | Fourth plea in law (in the alternative): An error of law was made in dismissing the compatibility of the aid with the internal market pursuant to Article 107(3) TFEU |
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4.

Fourth plea in law (in the alternative): An error of law was made in dismissing the compatibility of the aid with the internal market pursuant to Article 107(3) TFEU

| 5. | Fifth plea in law (in the alternative): The order for recovery of the aid infringes the principle of the protection of legitimate expectations |
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5.

Fifth plea in law (in the alternative): The order for recovery of the aid infringes the principle of the protection of legitimate expectations

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(1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).

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