Background & Facts of the case In 2002, the plaintiff wanted to establish a technology centre that should provide office space to innovative companies on the territory of the defendant municipality. The aim of this technology centre was to provide innovative companies with office space and infrastructure and thus make it more attractive for them to set up business in an otherwise structurally weak area. In 2002 and 2003, several agreements were concluded between the parties to the dispute: On the one hand, the municipality assumed a guarantee for a loan taken out by the plaintiff to finance the acquisition of the real estate necessary for the construction of the technology centre. On the other hand, the municipality undertook to service part of the annuities of this loan.
The Austrian Supreme Court holds that the statutory limitation period under Art. 15 Procedural Regulation 659/1999 commences when the aid in question is in fact granted
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