CELEX: 62011TA0209
Language: en
Date: 2013-07-03 00:00:00
Title: Case T-209/11: Judgment of the General Court of of 3 July 2013 — MB System v Commission (State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment)

10.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 233/6
            
         Judgment of the General Court of of 3 July 2013 — MB System v Commission
   (Case T-209/11) (1)
   
   (State aid - Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking - Decision declaring the aid incompatible with the internal market - Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure - Advantage - Private investor test - Concept of firm in difficulty - Calculation of the aid element - Manifest error of assessment)
   2013/C 233/09
   Language of the case: German
   
      Parties
   
   
      Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen and C. Geiert, lawyers)
   
      Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, Agents)
   
      Re:
   
   Application for annulment of Commission Decision 2011/471/EU of 14 December 2010 on State aid C 38/05 (ex NN 52/04) granted by Germany to the Biria group (OJ 2011 L 195, p. 55).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings.
            
         
      (1)  OJ C 186, 25.6.2011.