Judgment — ECLI:EU:T:2006:26
Date: 2006-01-26
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Commission decision following a preliminary review or proceeding to the formal investigation procedure;Selective nature of the measure
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance of 26 January 2006 - Stadtwerke Schwäbisch Hall and Others v Commission (Case T-92/02) 1 (State aid -Tax emption scheme applied to the reserves established by nuclear installations established in Germany for the purpose of eliminating their radioactive waste and the definitive - Decision finding that there is no Sate aid at the end of the preliminary examination procedure - Action for annulment) Language of the case: German Parties Applicants: Stadtwerke Schwäbisch Hall GmbH (Schwäbisch Hall, Germany), Stadtwerke Tübingen GmbH (Tübingen, Germany) and Stadtwerke Uelzen GmbH (Uelzen, Germany) (represented by: D. Fouquet, lawyer) Defendants: Commission of the European Communities (represented by: V. Kreuschitz, Agent) Interveners in support of the defendant: E.ON Kernkraft GmbH (Hanover, Germany), RWE Power AG (Essen, Germany), EnBW Energie Baden-Württemberg AG (Karlsruhe, Germany) and Hamburgische Electricitäts-Werke AG (Hamburg, Germany) (represented by: U. Karpenstein and D. Sellner, lawyers) Application for Annulment of Commission Decision C (2001) 3967 final of 11 December 2001 Operative part of the judgment The Court: Dismisses the action; Orders the applicants, in addition to bearing their own costs, to pay those incurred by the Commission and by the interveners. ____________ 1 - OJ C 144 of 15.6.2002.