Sun. Oct 6th, 2024
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Urteile des Gerichtshofs in den Rechtsmittelsachen C‑124/23 P E. Breuninger / Kommission und C‑127/23 P Falke / Kommission
04 October
Freitag, 4. Oktober 2024
Urteile des Gerichtshofs in den Rechtsmittelsachen C‑124/23 P E. Breuninger / Kommission und C‑127/23 P Falke / Kommission
Deutsche Beihilfen für Unternehmen während der Covid-19-Pandemie
Mit Beschluss vom 20. November 2020 genehmigte die Kommission die deutsche Rahmenregelung zur Übernahme eines Teils der ungedeckten Fixkosten der von der Covid-19-Pandemie betroffenen Unternehmen (siehe Pressemitteilung der Kommission IP/20/2180).
Damit sollten u.a. Unternehmen unterstützt werden, die zwischen März 2020 und Juni 2021 Umsatzeinbußen von mindestens 30 % im Vergleich zum entsprechenden Zeitraum im Jahr 2019 verzeichneten. Die Unterstützung war anfangs bis zu 3 Mio. Euro je Unternehmen möglich, später wurde diese Obergrenze auf 10 Mio. Euro angehoben und die Laufzeit bis zum 31. Dezember 2021 verlängert.
Das Bekleidungsunternehmen Breuninger, das in Deutschland mehrere Kaufhäuser und einen Onlineshop betreibt, sowie der Bekleidungshersteller Falke, der seine Waren an verschiedenen Verkaufsstandorten sowie über einen Onlineshop vertreibt, haben den Kommissionsbeschluss vor dem Gericht der EU angefochten.
Sie machen geltend, dass sich ihre Wettbewerbssituation verschlechtert habe, da sie von der streitigen Beihilferegelung vollständig bzw. fast vollständig ausgeschlossen worden seien. Die Beihilferegelung stelle nämlich zu Unrecht nicht auf den Tätigkeitsbereich ab, sondern auf das gesamte Unternehmen. Dies führe für Unternehmen, die in mehreren Bereichen tätig seien, zu einer unverhältnismäßigen Wettbewerbsverzerrung. So seien etwa Umsatzeinbußen von mehr als 30 % im stationären Geschäft nicht berücksichtigt worden, weil es keine Einbußen im Onlinehandel gegeben habe.
Mit Urteil vom 21. Dezember 2022 wies das Gericht die Klagen ab: Der Beschluss der Kommission verstoße weder gegen den Grundsatz der Verhältnismäßigkeit noch gegen den Grundsatz der Gleichbehandlung (siehe Pressemitteilung Nr. 208/22).
Breuninger und Falke verfolgen ihr Anliegen weiter im Wege von Rechtsmitteln vor dem Gerichtshof. Ohne Schlussanträge.
Weitere Informationen C-124/23
Weitere Informationen C-127/23
Details
- Date:
- 04 October
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑124/23 P E. Breuninger, C‑127/23 P Falke
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg - Phone
- +35243031
Organizer
- EU Court of Justice
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