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8.11.2008 |
EN |
Official Journal of the European Union |
C 285/2 |
Judgment of the Court (First Chamber) of 11 September 2008 — Federal Republic of Germany (C-75/05 P), Glunz AG, OSB Deutschland GmbH (C-80/05 P) v Kronofrance SA, Commission of the European Communities
(Joined Cases C-75/05 P and C-80/05 P) (1)
(Appeals - State aid - Commission decision not to raise objections - Action for annulment - Admissibility - Interested parties - Regional aid for large investment projects - Multisectoral framework of 1998)
(2008/C 285/02)
Language of the case: German
Parties
Appellants: Federal Republic of Germany (represented by: W.-D. Plessing, C. Schulze-Bahr, acting as Agents, M. Núñez-Müller, Rechtsanwalt) (C-75/05 P), Glunz AG, OSB Deutschland GmbH (represented by: H.-J. Niemeyer, Rechtsanwalt)
Other parties to the proceedings: Kronofrance SA (represented by: R. Nierer and L. Gordalla, Rechtsanwälte), Commission of the European Communities (represented by: V. Kreuschitz, acting as Agent)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 1 December 2004 in Case T-27/02 (Kronofrance SA v Commission, supported by Glunz AG and OSB Deutschland GmbH), by which the Court annulled the Commission's Decision SG (2001) D of 25 July 2001 not to object to the aid granted by the German authorities to Glunz AG — Infringement of the fourth paragraph of Article 230 EC — Infringement of Article 87(3) EC — Infringement of Article 64 of the Rules of Procedure of the Court of First Instance
Operative part of the judgment
The Court:
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1. |
Dismisses the appeals; |
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2. |
Orders the Federal Republic of Germany to pay the costs relating to Case C-75/05 P; |
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3. |
Orders Glunz AG and OSB Deutschland GmbH to pay the costs relating to Case C 80/05 P; |
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4. |
Orders the Commission of the European Communities to bear its own costs. |