CELEX: 62007CA0520
Language: en
Date: 2009-09-17 00:00:00
Title: Case C-520/07 P: Judgment of the Court (First Chamber) of 17 September 2009 — Commission of the European Communities v MTU Friedrichshafen GmbH (Appeals — Restructuring aid — Decision ordering the recovery of aid incompatible with the common market — Article 13(1) of Regulation (EC) No 659/1999 — Joint and several liability)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/14
            
         Judgment of the Court (First Chamber) of 17 September 2009 — Commission of the European Communities v MTU Friedrichshafen GmbH
   (Case C-520/07 P) (1)
   
   (Appeals - Restructuring aid - Decision ordering the recovery of aid incompatible with the common market - Article 13(1) of Regulation (EC) No 659/1999 - Joint and several liability)
   2009/C 267/23
   Language of the case: German
   
      Parties
   
   
      Appellant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, acting as Agents)
   
      Other party to the proceedings: MTU Friedrichshafen GmbH (represented by: Th. Lübbig and M. le Bell, Rechtsanwälte)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) delivered on 12 September 2007 in Case T-196/02 MTU Friedrichshafen v Commission, in which the Court of First Instance annulled Article 3(2) of Commission Decision 2002/898/EC of 9 April 2002 on the State aid implemented by Germany for SKL Motoren- und Systembautechnik GmbH, in so far as it orders MTU Friedrichshafen GmbH to repay jointly and severally a sum of EUR 2,71 million — Limits and conditions on the application of Article 13(1) of Council Regulation (EC) No 659/1999 of 22 March 1999, allowing the Commission to adopt a final decision finding aid to be incompatible with the common market on the basis of the information available if a Member State fails to comply with an information injunction
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 22, 26.1.2008.