CELEX: 62012TA0427
Language: en
Date: 2016-01-28 00:00:00
Title: Case T-427/12: Judgment of the General Court of 28 January 2016 — Austria v Commission (State Aid — Banking sector — Aid implemented by Germany and Austria for the benefit of Bayerische Landesbank in the course of its restructuring — Decision declaring the aid compatible with the internal market, provided that certain conditions are met — Repeal of the initial decision drawn up in a language other than that of the Member State — Action for annulment — Challengeable act — Admissibility — Definition of State aid — Advantage — Rights of defence — Obligation to state reasons)

7.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/13
            
         Judgment of the General Court of 28 January 2016 — Austria v Commission
   (Case T-427/12) (1)
   
   ((State Aid - Banking sector - Aid implemented by Germany and Austria for the benefit of Bayerische Landesbank in the course of its restructuring - Decision declaring the aid compatible with the internal market, provided that certain conditions are met - Repeal of the initial decision drawn up in a language other than that of the Member State - Action for annulment - Challengeable act - Admissibility - Definition of State aid - Advantage - Rights of defence - Obligation to state reasons))
   (2016/C 090/17)
   Language of the case: German
   
      Parties
   
   
      Applicant: Republic of Austria (represented by: C. Pesendorfer, M. Windisch, W. Peschorn and S. Ullreich, acting as Agents)
   
      Defendant: European Commission (represented by: L. Flynn, T. Maxian Rusche and R. Sauer, acting as Agents)
   
      Re:
   
   Action for the annulment of Article 1(1)(d) and 1(2) of Commission Decision C (2012) 5062 final of 25 July 2012 on State aid SA.28487 granted by Germany and Austria to Bayerische Landesbank (C 16/09, ex N 254/09), and, following the repeal of that decision by Article 1 of Commission Decision (EU) 2015/657 of 5 February 2013 on State aid granted by Germany and Austria to Bayerische Landesbank (Case SA.28487 (C 16/09, ex N 254/09)) (OJ 2015 L 109, p. 1), for the annulment of Article 2(1)(d) and 2(2) of the latter decision.
   
      Operative part of the judgment
   
   The Court hereby:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 373, 1.12.2012.