24.5.2008   

EN

Official Journal of the European Union

C 128/30


Judgment of the Court of First Instance of 10 April 2008 — Netherlands v Commission

(Case T-233/04) (1)

(State aid - Directive 2001/81/EC - National measure establishing an emission trading scheme for nitrogen oxides - Decision finding the aid compatible with the common market - Admissibility - Advantage - Measure lacking selective character)

(2008/C 128/64)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: H. Sevenster, J. van Bakel and M. de Grave, Agents)

Defendant: Commission of the European Communities (represented by: H. van Vliet, and V. Di Bucci, Agents)

Intervener in support of the Applicant: Federal Republic of Germany (represented by W.-D. Plessing and M. Lumma, Agents)

Re:

Application for annulment of Commission Decision C(2003) 1761 final of 24 June 2003, relating to State aid N 35/2003 concerning the emission trading scheme for nitrogen oxides notified by the Kingdom of the Netherlands.

Operative part of the judgment

The Court:

1.

Annuls Commission Decision C(2003) 1761 final of 24 June 2003 relating to State aid N 35/2003 concerning the emission trading scheme for nitrogen oxides notified by the Kingdom of the Netherlands.

2.

Orders the Commission to pay the costs.

3.

Orders the Federal Republic of Germany to bear its own costs.


(1)  OJ C 275, 15.11.2003 (formerly case C-388/03).