25.9.2004   

EN

Official Journal of the European Union

C 239/14


JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 July 2004

in Case T-308/00: Salzgitter AG v Commission of the European Communities (1)

(State aid - Article 4(c) CS, Articles 67 CS and 95 CS - Financial intervention in favour of the undertaking Salzgitter - Border between the former German Democratic Republic and former Czechoslovak Socialist Republic - Non-notified aid - Sixth Steel Aid Code - Legal certainty)

(2004/C 239/28)

Language of the case: German

In Case T-308/00: Salzgitter AG, established in Salzgitter (Germany), represented by J. Sedemund and T. Lübbig, lawyers, with an address for service in Luxembourg, supported by the Federal Republic of Germany, (Agent: W.-D. Plessing, assisted by K. Schroeter, lawyer) against the Commission of the European Communities (Agents: K.-D. Borchardt and V. Kreuschitz) — application for an annulment of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG – Stahl und Technologie (SAG) (OJ 2000 L 323, p. 5) — the Court of First Instance (Fourth Chamber, Extended Composition), composed of V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras, Judges; Registrar: I. Natsinas, Administrator, has given a judgment on 1 July 2004, in which it:

1.

Annuls Articles 2 and 3 of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group's steel-industry subsidiaries, now known as Salzgitter AG – Stahl und Technologie (SAG);

2.

Orders the applicant to bear one-third of its costs;

3.

Orders the Commission to bear its own costs and to pay two-thirds of the applicant's costs;

4.

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


(1)  OJ C 335 of 25.11.2000.