62009TO0407_EN
Subject of the case
Operative part
Subject of the case
Re:
ACTION, first, for annulment of the Commission decision claimed to be contained in the letter of 29 July 2009 declaring that some contracts concluded by the applicant regarding the sale of apartments as part of the privatisation of publicly-owned apartments in Neubrandenburg did not fall within the scope of Article 87(1) EC and, second, for a declaration of the Commission’s failure to act, under Article 232 EC, since the Commission did not define its position on those contracts on the basis of Article 4 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88 EC] (OJ 1999 L 83, p. 1).
Operative part
Operative part
1. The action is dismissed as inadmissible.
2. Neubrandenburger Wohnungsgesellschaft mbH is ordered to bear its own costs and pay those incurred by the Commission, Bavaria Immobilien Beteiligungsgesellschaft mbH & Co., Objekte Neubrandenburg KG and Bavaria Immobilien Trading GmbH & Co. Immobilien Leasing Objekt Neubrandenburg KG.