Judgment — ECLI:EU:T:2007:293
Date: 2007-09-20
Language of the case: German
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Applications by natural or legal persons;Pleas in law;Commission decision following a preliminary review or proceeding to the formal investigation procedure;Limitation periods;Preliminary review;Aid for environmental purposes
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance of 20 September 2007 - Fachvereinigung Mineralfaserindustrie v Commission (Case T-375/03) 1 (State aid - Measures to promote the use of insulating materials produced from renewable raw materials - Decision declaring the aid compatible with the common market - Preliminary investigation procedure - Action for annulment - Admissibility - Notion of party concerned within the meaning of Article 88(2) EC -Commission's duty to initiate the inter partes procedure) Language of the case: German Parties Applicant: Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe der Eurima - European Insulation Manufacturers Association (Frankfurt am Main, Germany) (represented by: T. Schmidt-Kötters, D. Uwer and K. Najork, lawyers) Defendant: Commission of the European Communities (represented by: V. Kreuschitz and M. Niejahr, acting as Agents) Intervener in support of the defendant : Federal Republic of Germany (represented by : initially, W.-D. Plessing, M. Lumma and C. Schulze-Bahr, and subsequently W.-D. Plessing and C. Schulze-Bahr, acting as Agents) Re: Application for annulment of Commission Decision C (2003) 1473 final of 9 July 2003 declaring the measures which the German authorities propose to take to promote the use of insulating materials produced from renewable raw materials compatible with the common market (State aid No 694/2002). Operative part of the judgment The Court: Dismisses the action; orders Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe der Eurima - European Insulation Manufacturers Association to bear its own costs as well as those incurred by the Commission; orders the Federal Republic of Germany to bear its own costs. ____________ 1 - OJ C 35, 7.2.2004.