Order of the General Court of 25 October 2018 — ATMvision v Commission
(Case T-627/11) 1
(State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
Language of the case: German
Parties
Applicant: ATMvision AG (Salem, Germany) (represented by: initially, A. Cordewener, F. Kutt and C. Jehke, then, F. Kutt and C. Jehke, lawyers)
Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche, M. Adam and M. Noll0Ehlers, then, R. Lyal, T. Maxian Rusche and M. Noll-Ehlers and finally, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).
Operative part of the order
There is no need to adjudicate on the action;
The European Commission is ordered to pay its own costs as well as those incurred by ATMvision AG;
The Federal Republic of Germany is ordered to bear its own costs.
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1 OJ C 49, 18.2.2012.