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8.11.2008 |
EN |
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
Parties
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)
Re:
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:
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1. |
Dismisses the action; |
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2. |
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; |
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3. |
Orders the Land of Thuringia and the Federal Republic of Germany to bear theirown costs. |