Judgment of the General Court of of 3 July 2013 – MB System v Commission
(Case T-209/11) 1
(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)
Language of the case: German
Parties
Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen and C. Geiert, lawyers)
Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, Agents)
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 of the judgment
The Court:
Dismisses the action;
Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings.
____________1 OJ C 186, 25.6.2011.