# C_2013026EN.01003601.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/36 |
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26.1.2013

EN

Official Journal of the European Union

C 26/36

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Action brought on 20 November 2012 — European Commission v Federal Republic of Germany

(Case C-527/12)

2013/C 26/68

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: T. Maxian Rusche and F. Erlbacher, acting as Agents)

Applicant:

Defendant: Federal Republic of Germany

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare that, by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid, the Federal Republic of Germany has failed to fulfil its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) and Articles 1, 2 and 3 of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)); (2) |
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declare that, by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid, the Federal Republic of Germany has failed to fulfil its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) and Articles 1, 2 and 3 of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)); (2)

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| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The Commission claims that the Federal Republic of Germany has failed to comply with its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty and Articles 1, 2 and 3 of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)) by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid.

The Commission takes the view that the instrument chosen by the defendant to recover the aid, namely the granting of civil law claim and a corresponding action for enforcement before the German civil law courts, is not appropriate to ensure the immediate and effective implementation of the Commission’s decision. In the alternative, it submits that, on the day the action was lodged, the defendant had not made use of the provisional basis provided to it by the judgment taken by default to implement the Commission’s decision.

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(1)  OJ 1999 L 83, p. 1.

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(2)  OJ 2011 L 195, p. 55.

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