CELEX: 62006CJ0176
Appeal
Aid allegedly granted by the German authorities to nuclear power stations
Provisions for closure of power stations and disposal of radioactive waste
Inadmissibility of the action before the Court of First Instance
Absolute bar

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 26 January 2006 in Case T-92/02
Stadtwerke Schwäbisch Hall GmbH and Others
v
Commission
in which the Court dismissed the action seeking annulment of Commission Decision C(2001) 3967 final of 11 December 2001 declaring
that the German tax exemption scheme applied to the reserves established by nuclear power stations for the purpose of disposal
of their radioactive waste and the permanent closure of their plants does not constitute State aid as referred to in Article
87(1) EC – Obligation of the Commission to initiate the
inter partes
procedure provided for in Article 88(2) EC where there are difficulties of assessment or doubts
Operative part
The Court:

Annuls the judgment of the Court of First Instance of the European Communities of 26 January 2006 in Case T-92/02 Stadtwerke
Schwäbisch Hall GmbH and Others v Commission.

Dismisses as inadmissible the action brought by Stadtwerke Schwäbisch Hall GmbH, Stadtwerke Tübingen GmbH and Stadtwerke Uelzen
GmbH before the Court of First Instance of the European Communities seeking annulment of Commission Decision C(2001) 3967
final of 11 December 2001 declaring that the German tax exemption scheme applied to the reserves established by the operators
of nuclear power stations for the purpose of the safe disposal of their radioactive waste and the permanent closure of their
plants does not constitute State aid as referred to in Article 87(1) EC.

Orders Stadtwerke Schwäbisch Hall GmbH, Stadtwerke Tübingen GmbH and Stadtwerke Uelzen GmbH to pay the costs of the two sets
of proceedings.