Case C-408/04 P: Judgment of the Court (Grand Chamber) of 22 April 2008 — Commission of the European Communities v Salzgitter AG, Federal Republic of Germany (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)
Date: 2008-04-22
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Germany, State aid, action for annulment (EU), control of State aid, iron and steel industry, sanction (EU)

C 142/2

EN

Official Journal of the European Union

7.6.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

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)

(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 legiti-
mate expectations — Rights of the defence — Obligation to
state the reasons on which the decision is based)

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

Operative part of the judgment

The Court:

(2008/C 142/02)

1. Dismisses the cross-appeal;

Language of the case: German

2. Sets aside the judgment of

Instance of

the Court of First

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;

Parties

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

Communities;

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

4. Reserves costs.

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)

(1) OJ C 314, 18.12.2004.