13.3.2010   

EN

Official Journal of the European Union

C 63/32

Action brought on 23 December 2009 — European Commission v Republic of Austria

(Case C-551/09)

2010/C 63/52

Language of the case: German

Parties

Applicant: European Commission (represented by: K. Gross and M. Adam, Agents)

Defendant: Republic of Austria

Form of order sought

1.

declare that, by failing to take all necessary measures to recover the aid in issue in Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/2006) implemented by Austria for the privatisation of Bank Burgenland, the Republic of Austria has failed to fulfil its obligations under Article 288 TFEU and under Articles 1 to 3 of that Commission Decision;

2.

declare that, by failing to provide the Commission in good time with the information necessary for calculating the amount of the aid, the Republic of Austria has failed to fulfil its obligations under Article 288 TFEU and under Article 4 of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/2006) implemented by Austria for the privatisation of Bank Burgenland;

3.

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The Commission takes the view that the period given to the Republic of Austria in Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/2006) implemented by Austria for the privatisation of Bank Burgenland to provide the information required for the purpose of calculating the amount of the aid has expired.

An agreement reached by the Commission and the Republic of Austria after the expiry of the abovementioned period concerning the level of the amount to be recovered was, according to the Commission, revoked by the Republic of Austria on the ground that the company affected by the recovery claim intended, in the event of being obliged to pay, to cancel the purchase of Bank Burgenland. This, according to the Republic of Austria, would have had serious consequences for the economy of the Land of Burgenland. In the view of the Commission, however, this does not provide justification for waiving the demand for repayment.

The judicial challenge to the abovementioned decision likewise does not affect the obligation to give effect to it.