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25.9.2004 |
EN |
Official Journal of the European Union |
C 239/15 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 8 July 2004
in Case T-198/01: Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (1)
(State aid - Action for annulment - Private creditor test - Aid for rescuing and restructuring firms in difficulty - Rights of the defence - Statement of reasons)
(2004/C 239/30)
Language of the case: German
In Case T-198/01: Technische Glaswerke Ilmenau GmbH, established in Ilmenau (Germany), represented initially by S. Gerrit and C. Arhold and subsequently by C. Arhold and N. Wimmer, lawyers, with an address for service in Luxembourg, against the Commission of the European Communities (Agents: V. Kreuschitz and V. Di Bucci, with an address for service in Luxembourg), supported by Schott Glas, established in Mainz (Germany), represented by U. Soltész, lawyer — application for annulment of Commission Decision 2002/185/CE of 12 June 2001 on State aid implemented by Germany for Technische Glaswerke Ilmenau GmbH (Germany) (OJ 2002 L 62, p. 30) — the Court of First Instance (Fifth Chamber, Extended Composition), composed of R. García-Valdecasas, President, P. Lindh, J.D. Cooke, H. Legal and M.E. Martins Ribeiro, Judges; D. Christensen, Administrator, for the Registrar, gave a judgment on 8 July 2004, in which it:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to bear its own costs and to pay those incurred by the Commission and by the intervener in the main action and the interlocutory proceedings. |