CASE COMMENT : STATE AID - SILENT PARTICIPATION – COMFORT LETTER – ADVANTAGE – MARKET TERMS
Silent participation: The General Court dismisses an action brought against a Commission decision adopted following a previous annulment (« Biria »)
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By Decision 2007/492/EC of 25 January 2007, the Commission declared State aid granted by Germany to the Biria Group incompatible with the common market and ordered its recovery. This State aid consisted of three separate measures. The first measure consisted of a silent partnership contribution by a public company called 'gbb' to Bike Sytems (now MB System) of around €2 million. The other two measures consisted of guarantees granted to two other entities of the group. On appeal, the Court of First Instance dismissed the pleas in law relied on by the applicants and alleging errors committed by the Commission when it considered that the recipient undertakings
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