9By Decision 2007/492/EC of 24 January 2007 on the State aid C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria Group (OJ 2007 L 183, p. 27), the Commission found that the participation amounted to aid incompatible with the internal market and ordered the Federal Republic of Germany to take all necessary measures to recover the aid (‘the first decision’). By the judgment of 3 March 2010 in Freistaat Sachsen v Commission (T‑102/07 and T‑120/07 EU:T:2010:62), the General Court annulled that decision.
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