CELEX: C2004/118/06
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 29 April 2004 in Case C-277/00: Federal Republic of Germany v Commission of the European Communities (Action for annulment — State aid — Decision 2000/567/EC — Aid granted by the Federal Republic of Germany to System Microelectronic Innovation GmbH of Frankfurt an der Oder (Brandenburg) — Article 88(2) EC — Right to be heard — Compatibility with the common market — Article 87(1) EC — Recovery of illegal aid — Recovery from undertakings other than the original beneficiary)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/3
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 29 April 2004
   in Case C-277/00: Federal Republic of Germany v Commission of the European Communities (1)
   
   (Action for annulment - State aid - Decision 2000/567/EC - Aid granted by the Federal Republic of Germany to System Microelectronic Innovation GmbH of Frankfurt an der Oder (Brandenburg) - Article 88(2) EC - Right to be heard - Compatibility with the common market - Article 87(1) EC - Recovery of illegal aid - Recovery from undertakings other than the original beneficiary)
   (2004/C 118/06)
   Language of the case: German
   In Case C-277/00: Federal Republic of Germany (Agents: W.-D. Plessing and M. Schütte) v Commission of the European Communities (Agents: K.-D. Borchardt and V. Di Bucci), with an address for service in Luxembourg, – application for annulment of Commission Decision 2000/567/EC of 11 April 2000 on State aid granted by Germany to System Microelectronic Innovation GmbH of Frankfurt an der Oder (Brandenburg) (OJ 2000 L 238, p. 50) – the Court (Sixth Chamber), composed of: V. Skouris (Rapporteur), acting as President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric, Judges; A. Tizzano, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 29 April 2004, the operative part of which is as follows:
   
               1.
            
            
               Commission Decision 2000/567/EC of 11 April 2000 on State aid granted by Germany to System Microelectronic Innovation GmbH of Frankfurt an der Oder (Brandenburg) is annulled in so far as it orders the recovery of the aid granted to System Mikroelektronik Innovation GmbH from other undertakings and of the aid granted to Silicium Mikroelektronik Integration GmbH from other undertakings.
            
         
               2.
            
            
               The remainder of the application is dismissed.
            
         
               3.
            
            
               The Federal Republic of Germany and the Commission of the European Communities are each to bear their own costs.
            
         
      (1)  OJ C 273 of 23.9.2000.