Action brought on 5 April 2007 — Freistaat Sachsen v Commission of the European Communities

(Case T-102/07)

(2007/C 129/31)

Language of the case: German

Parties

Applicant: Freistaat Sachsen (Germany) (represented by C. von Donat and G. Quardt, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The applicant challenges Commission Decision C(2007) 130 final of 24 January 2007 in which the Commission held that the three measures comprising State aid from Germany for the benefit of Bike Systems GmbH & Co., Thüringer Zweiradwerk KG, Sachsen Zweirad GmbH and Biria GmbH (now Biria AG) is incompatible with the common market.

The applicant claims that it is directly and individually concerned by the Commission's decision, because measures 2 and 3, which relate to guarantees in favour of Sachsen Zweirad GmbH and Biria GmbH (now Biria AG), were granted by it from its own resources on the basis of the guarantee guidelines of the Freistaat Sachsen.

In support of its claim, the applicant claims, first, that there was an infringement of Community law by reason of an incorrect interpretation of an approved aid measure. In that regard, the applicant claims that the defendant misconstrued the corresponding definition in the approved aid measure so as to treat the undertakings concerned as undertakings in financial difficulties. Since, in the applicant's opinion, that was not the case, measures 2 and 3 relate to approved aid.

In addition, the applicant claims that the defendant wrongly assessed the factual position in proceeding on the basis that the undertakings concerned were undertakings in financial difficulties.

Lastly, the applicant alleges that the contested decision fails to state adequate reasons.