Action brought on 5 April 2011 - MB System v Commission

(Case T-209/11)

Language of the case: German

Parties

Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul Commission Decision K (2010) 8289 final of 14 December 2010 on State aid No C 38/2005 (ex NN 52/2004) granted by Germany to the Biria Group;

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.

First plea in law: wrong assessment of the facts through the classification of the undertaking as an undertaking in difficulty;

Second plea in law: failure to apply the 1999 Guidelines for State aid for rescue and restructuring in the classification of the undertaking as an undertaking in difficulty and examination of the value of the 'binding comfort letter';

Third plea in law: insufficient grounds for diverging from the 1999 Guidelines for State aid for rescue and restructuring in the classification as an undertaking in difficulty and examination of the value of the 'binding comfort letter';

Fourth plea in law: error of assessment in the calculation of the amount of State aid to be recovered as a result of failure to assess the 'binding comfort letter' in the calculation of the amount of State aid to be recovered.

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