Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-209/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Measure implemented by the Federal Republic of Germany for the bank Westdeutsche Landesbank Girozentrale (WestLB) — Merger of the Wohnungsbauförderungsanstalt des Landes Nordrhein-Westfalen (WfA) with WestLB — Resulting increase in own funds of WestLB — Remuneration of the Land as sole shareholder in WfA — Commission Decision 2000/392/EC — Obligation to recover the illegal State aid — Failure to implement)
Date: 2003-02-08
Institutions: Court of Justice
Subjects: European Commission, Germany, State aid, action for failure to fulfil an obligation, bank, infringement of EU law

8.2.2003

EN

Official Journal of the European Union

C 31/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 December 2002

in Case C-209/00: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Failure by a Member State to fulfil
its obligations —
Measure implemented by the Federal Republic of Germany
for
the bank Westdeutsche Landesbank Girozentrale
(WestLB) — Merger of the Wohnungsbauförderungsanstalt
des Landes Nordrhein-Westfalen (WfA) with WestLB —
Resulting increase in own funds of WestLB — Remuneration
of the Land as sole shareholder in WfA — Commission
Decision 2000/392/EC — Obligation to recover the illegal
State aid — Failure to implement)

(2003/C 31/01)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-209/00, Commission of the European Communities
(Agents: F. Santaolalla and K.-D. Borchardt) v Federal Republic
of Germany (Agent: W.-D. Plessing, assisted by H.-F. Wissel):
Application for a declaration that, by not adopting within the
prescribed time-limit the measures necessary to withdraw and
recover the State aid granted to the Westdeutsche Landesbank
Girozentrale between 1992 and 1998 which was declared
incompatible with the common market by Commission
Decision 2000/392/EC of 8 July 1999 on a measure
implemented by the Federal Republic of Germany for
Westdeutsche Landesbank — Girozentrale (WestLB) (OJ 2000
L 150, p. 1), the Federal Republic of Germany has failed to
its obligations under Article 249 EC in conjunction
fulfil
with Article 3 of that decision, the Court (Sixth Chamber),
composed of: R. Schintgen, President of the Second Chamber,

acting for the President of the Sixth Chamber, C. Gulmann and
V. Skouris, F. Macken (Rapporteur) and J.N. Cunha Rodrigues,
Judges; A. Tizzano, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
12 December 2002, in which it has ruled:

1. Declares that, by not complying with Commission Decision
2000/392/EC of 8 July 1999 on a measure implemented by
the Federal Republic of Germany for Westdeutsche Landesbank
— Girozentrale (WestLB), the Federal Republic of Germany
has failed to fulfil its obligations under Article 249 EC and
Article 3 of that decision;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT

of 10 December 2002

in Case C-312/00 P: Commission of the European Com-
munities v Camar Srl and Others (1)

(Appeal — Common organisation of the markets — Bananas
— Request for additional import licences — Adjustment of
tariff quota where necessary — Non-contractual liability of
the Community — Action for annulment — Admissibility)

(2003/C 31/02)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-312/00 P: Commission of the European Communi-
ties (Agents: C. van der Hauwaert and L. Visaggio, assisted by