CELEX: 62007CA0334
Language: en
Date: 2008-12-11 00:00:00
Title: Case C-334/07 P: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen (Appeal — State aid — Proposed scheme for aid to small and medium-sized enterprises — Compatibility with the common market — Criteria for assessing State aid — Application ratione temporis — Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 — Decision subsequent to entry into force thereof — Legitimate expectations — Legal certainty — Complete notifications)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/5
            
         Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Freistaat Sachsen
   (Case C-334/07 P) (1)
   
   (Appeal - State aid - Proposed scheme for aid to small and medium-sized enterprises - Compatibility with the common market - Criteria for assessing State aid - Application ratione temporis - Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 - Decision subsequent to entry into force thereof - Legitimate expectations - Legal certainty - Complete notifications)
   (2009/C 32/09)
   Language of the case: German
   Parties
   
      Appellant: Commission of the European Communities (represented by: K. Gross, acting as Agent)
   
      Other party to the proceedings: Freistaat Sachsen (represented by: Th. Lübbig, Rechtsanwalt)
   Re:
   Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 3 May 2007 in Case T-357/02 Freistaat Sachsen v Commission by which the Court annulled in part Commission Decision 2003/226/EC of 24 September 2002 on an aid scheme which the Federal Republic of Germany is planning to implement — ‘Guidelines on assistance for SMEs — Improving business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs), 5 (Cooperation) and 7 (Design promotion) (OJ 2003 L 91, p. 13) — Applicability of Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises for aid projects notified to the Commission before the entry into force of that regulation
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of the European Communities of 3 May 2007 in Case T-357/02 Freistaat Sachsen v Commission;
            
         
               2.
            
            
               Refers the case back to the Court of First Instance of the European Communities;
            
         
               3.
            
            
               Reserves costs.
            
         
      (1)  OJ C 223, 22.9.2007.