Kahla/Thuringen Porzellan v Commission (State aid) [2010] EUECJ C-537/08 (16 December 2010)

Kahla/Thuringen Porzellan v Commission (State aid) [2010] EUECJ C-537/08 (16 December 2010)

The General Court did not infringe the principles of legal certainty or protection of legitimate expectations because the relevant restrictions were part of the notified aid schemes as clarified in correspondence between the German authorities and the Commission, which formed an indivisible part of the authorised...

Source-derived case information.

Citation
[2010] EUECJ C-537/08
Parties
Appellant: Kahla Thüringen Porzellan GmbH; Respondent: Commission of the European Communities
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
State Aid, Legal Certainty, Legitimate Expectations, Recovery of Aid, Article 87 EC, Article 88 EC
European Union Law State Aid Law State Aid Legal Certainty Legitimate Expectations Recovery of Aid Article 87 EC Article 88 EC

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Parties

Kahla Thüringen Porzellan GmbH

Appellant

Commission of the European Communities

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the grants (measures 15 and 26) were lawfully awarded under authorised State aid schemes
  2. 2 Whether the Commission and General Court infringed the principles of legal certainty and protection of legitimate expectations
  3. 3 Whether the full amount of the grants constituted State aid requiring recovery

Ratio Decidendi

The General Court did not infringe the principles of legal certainty or protection of legitimate expectations because the relevant restrictions were part of the notified aid schemes as clarified in correspondence between the German authorities and the Commission, which formed an indivisible part of the authorised schemes. The appellant could not rely on the absence of explicit restrictions in published documents as precise assurances. The grants did not comply with the conditions of the authorised schemes and thus constituted unlawful State aid subject to recovery.

Court Disposition

appeal dismissed

Orders

  • Dismisses the appeal
  • Orders Kahla Thüringen Porzellan GmbH to pay the costs