CELEX: C2007/283/13
Language: en
Date: 2007-11-24 00:00:00
Title: Case C-384/07: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 13 August 2007 — Wienstrom GmbH v Bundesminister für Wirtschaft und Arbeit

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/8
            
         Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 13 August 2007 — Wienstrom GmbH v Bundesminister für Wirtschaft und Arbeit
   (Case C-384/07)
   (2007/C 283/13)
   Language of the case: German
   Referring court
   Verwaltungsgerichtshof
   Parties to the main proceedings
   
      Applicant: Wienstrom GmbH
   
      Defendant: Bundesminister für Wirtschaft und Arbeit
   Questions referred
   
               1.
            
            
               Does the last sentence of Article 88(3) EC require that the national court should, on grounds of the prohibition contained in that provision on putting State aid into effect, refuse further grants of State aid to a beneficiary of aid who under national law is in principle entitled to aid, although the Commission, while regretting the non-notification of the aid, has not adopted either a decision under Article 4(2) of Council Regulation No 659/1999 of 22 March 1999 or a measure under Article 14 of that regulation, and the case file does not reveal any infringement of the rights of third parties?
            
         
               2.
            
            
               Does the prohibition under Article 88(3) EC on putting State aid into effect preclude the application of a provision of national law, if such application is based on the new version of that law, which the Commission has held to be compatible with the common market, although the measure concerns periods of time before that new version and the amendments which were decisive for the declaration of compatibility were not yet applicable to that period, and the case file does not reveal any infringement of the rights of third parties?