Judgments (Information) nº T-209/11 of The General Court, July 03, 2013

• Resolution Date: July 03, 2013
• Issuing Organization: The General Court
• Decision Number: T-209/11

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...