Judgment of the General Court (Third Chamber) of 3 July 2013 —
MB System v Commission
(Case T‑209/11)
State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment
1. State aid — Concept — Implementation of the private investor test — Discretion of the Commission — Judicial review — Limits (Art. 107(1) TFEU; Commission Notices 1999/C 288/02, points 4 to 6, 2004/C 244/02, points 4 to 6 and 8, and 2008/C 155/10, points 1.3 and 3.2) (see paras 32-40)
2. State aid — Concept — Assessment according to the criterion of the private investor — Taking of a silent participation in a firm in difficulty — Firm in difficulty — Concept (Commission Notice 1999/C 288/02, points 4 to 6) (see paras 42-49)
3. State aid — Concept — Assessment according to the criterion of the private investor — Taking of a silent participation in a firm in difficulty — Firm in difficulty — Concept — Comfort letter issued by the parent company (Art. 107(1) TFEU; Commission Notices 1999/C 288/02, points 4 to 6 and 8, and 2008/C 14/02) (see paras 63, 70-72, 78, 81, 90, 91, 94, 95, 98-103)
4. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid — Calculation of the amount of aid to a firm in difficulty — Determination of risk premiums (Arts 107 TFEU and 296 TFEU; Commission Notices 97/C 273/03 and 2008/C 14/02) (see paras 109, 125)
5. State aid — Recovery of unlawful aid — Calculation of the amount of aid to be recovered — Aid to a firm in difficulty — Determination of risk premiums — Complex evaluation of economic matters — Judicial review — Limits (Art. 107(2) TFEU; Commission Notices 97/C 273/03 and 2008/C 14/02) (see paras 112, 118-122, 126, 128, 129)
Re:
| APPLICATION for annulment of Commission Decision 2011/471/EU of 14 December 2010 on State aid C 38/05 (ex NN 52/04) granted by Germany to the Biria group (OJ 2011 L 195, p. 55). |
Operative part
The Court:
2. | | Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings. |