CELEX: C2007/297/86
Language: en
Date: 2007-12-08 00:00:00
Title: Case T-376/07: Action brought on 26 September 2007 — Germany v Commission

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/42
            
         Action brought on 26 September 2007 — Germany v Commission
   (Case T-376/07)
   (2007/C 297/86)
   Language of the case: German
   Parties
   
      Applicant: Republic of Germany (represented by: M. Lumma and J. Möller)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               annul Commission Decision C(2007) 3226 of 18 July 2007 concerning an order to provide information in relation to MX 19/2006 — Monitoring of State aid scheme XS 24/2002 — Financing of business start-ups and growth (‘GuW’) — Germany and MX 9/2006 — Monitoring of State aid scheme XS 29/2002 — Guidelines for implementing the Bavarian regional aid programme for industry and commerce — Germany;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   The applicant seeks the annulment of Commission Decision C(2007) 3226 final of 18 July 2007 concerning an order to provide information pursuant to Article 9 of Regulation (EC) No 70/2001 (1) in relation to State aid schemes XS 24/2002 and XS 29/2002.
   In support of its application, the applicant submits first that the contested decision infringes Regulation (EC) No 994/98 (2). The applicant submits in this regard that by making this request for information, the Commission is carrying out an ex-post control without cause. According to the applicant, that control goes beyond the authority which Regulation No 994/98 confers on the defendant, which provides that the Commission has the right to request information only if it harbours doubts concerning the proper implementation of a group exemption regulation.
   In addition, the applicant claims that there has been an infringement of the principle of nemini licet venire contra factum proprium (estoppel), because several Commission documents show that the Commission itself assumes that it does not have the authority to conduct an ex-post control without cause.
   
      (1)  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 (OJ 2001 L 10, p. 33).
   
      (2)  Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (OJ 1998 L 142, p. 1).