Judgment of the General Court of 12 September 2013 – Germany v Commission
(Case T-347/09) 1
(State aid – Transfer free of charge of certain areas of natural national heritage – Measures for the financial support of large-scale environmental protection projects – Decision declaring aid compatible with the common market – Concept of undertaking – Obligation to state reasons)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented: initially by M. Lumma and B. Klein, then A. Wiedmann and T. Henze, acting as Agents)
Defendant: European Commission (represented: initially by K. Gross, then F. Erlbacher, A. Stobiecka-Kuik and P. Loewenthal, acting as Agents)
Interveners in support of the applicant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents); Kingdom of the Netherlands (represented: initally by C. Wissels, Y. de Vries and M. de Ree, then C. Wissels, M. de Ree, J. Langer and M. Noort, acting as Agents); and Republic of Finland (represented by: J. Heliskoski, acting as Agent)
Re:
Application for the annulment of Commission Decision C(2009) 5080 final of 2 July 2009 relating to State aid NN 8/2009 granted by the Federal Republic of Germany and concerning the State aid scheme consisting of the transfer, free of charge, of certain areas of natural national heritage, and of measures for the financial support of large-scale environmental protection projects (OJ 2009 C 230, p. 1).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Federal Republic of Germany to bear its own costs and to pay those of the European Commission;
Orders the French Republic, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs.
____________1 OJ C 267, 7.11.2009.