62006CJ0039_EN
Subject of the case
Operative part
Subject of the case
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 period, the measures necessary to recover aid which was declared incompatible with the common market.
Operative part
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.