CELEX: 62006CJ0039
Language: en
Date: 2008-06-19
Title: Judgment of the Court (First Chamber) of 19 June 2008. # Commission of the European Communities v Federal Republic of Germany. # Failure to fulfil obligations - State aid - Subsidies for investment and employment - Obligation to recover - Non-compliance - Principle of protection of legitimate expectations. # Case C-39/06.

Judgment of the Court (First Chamber) of 19 June 2008 – Commission v Germany
      (Case C‑39/06)
      Failure of a Member State to fulfil obligations – State aid – Subsidies for investment and employment – Obligation to recover – Non-compliance – Principle of protection of legitimate expectations
      1.                     Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Defences – Legality
            of the decision called in question – Inadmissibility – Limits – Non‑existent measure (Arts 88(2), second para., EC, 226 EC,
            227 EC, 230 EC and 232 EC) (see paras 18-20)
      2.                     State aid – Commission decision finding aid incompatible with the common market and ordering its repayment – Commission’s
            power to leave the calculation of the exact amount to be repaid to the national authorities (Art. 88(2) EC) (see para. 37)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 249 EC and Articles 1, 2 and 3 of Commission Decision
                  2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan
                  GmbH (notified under document number C(2003) 1520; Aid No C-62/00, ex NN 142/99) (OJ 2003 L 227, p. 12) – Failure to take,
                  within the prescribed period, the measures necessary to recover aid which was declared incompatible with the common market.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, in failing to take all the measures necessary to recover certain aid declared incompatible with the common
                     market by Article 1(2)(d) and (g) of the Commission Decision of 30 October 2002, as it appears in Decision 2003/643/EC of
                     13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH, the Federal
                     Republic of Germany has failed to fulfil its obligations under Articles 1 to 3 of that decision;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Federal Republic of Germany to pay the costs.