Action brought on 15 July 2008 - Austria v Commission

(Case T-281/08)

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: C. Pesendorfer)

Defendant: Commission of the European Communities

Form of order sought

annul Commission Decision C (2008) 1625 Final of 30 April 2008 on State aid No C 56/2006 (ex NN 77/2006) of Austria for the privatisation of Bank Burgenland;

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant challenges Commission Decision C (2008) 1625 Final of 30 April 2008 in which the Commission decided that the State aid implemented by Austria in breach of Article 88(3) EC for the insurance company Grazer Wechselseitige Versicherung AG and to GW Beteiligungserwerbs- und -verwaltungs-GmbH in connection with the privatisation of HYPO Bank Burgenland AG is incompatible with the common market.

With regard to the grounds of the application, reference is made to the summary of pleas in law relating to Case T-268/08 Land Burgenland v Commission.

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