Official Journal of the European Union

C 285/33

Judgment of the Court of First Instance of 24 September 2008 — Kahla/Thüringen Porzellan v Commission

(Case T-20/03) (1)

(State aid - Existing aid or new aid - Firm in difficulty - Principle of legal certainty - Principle of the protection of legitimate expectations - Private investor test - Compatibility with the common market - Conditions)

(2008/C 285/58)

Language of the case: German


Applicant: Kahla/Thüringen Porzellan GmbH (Kahla, Germany) (represented by: M. Schütte and S. Zühlke, lawyers)

Defendant: Commission of the European Communities (represented by: V. Kreuschitz and V. Di Bucci, Agents, assisted by C. Koenig, professor)

Interveners in support of the applicant: Freistaat Thüringen (Germany) (represented by: initially by A. Weitbrecht and A. van Ysendyck, and subsequently by A. Weitbrecht and M. Núñez-Müller, lawyers); and Federal Republic of Germany (represented by: W.D. Plessing and M. Lumma, Agents)


APPLICATION for annulment of Commission Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH (OJ 2003 L 227, p. 12), in so far as that decision concerns the financial assistance granted to Kahla/Thüringen Porzellan GmbH.

Operative part of the judgment

The Court:


Dismisses the action;


Orders Kahla/Thüringen Porzellan GmbH to bear its own costs and to pay a third of the costs incurred by the Commission, and the Commission to bear two thirds of its own costs;


Orders the Land of Thuringia and the Federal Republic of Germany to bear theirown costs.

(1)  OJ C 70, 22.3.2003.