Case T-92/02: Judgment of the Court of First Instance of  26 January 2006  — Stadtwerke Schwäbisch Hall and Others v Commission (State aid — tax exemption 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)
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), aid to undertakings, energy production, nuclear power station, tax exemption, tax law

25.3.2006

EN

Official Journal of the European Union

C 74/15

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 26 January
2006 — Stadtwerke Schwäbisch Hall and Others v
Commission

Judgment of the Court of First Instance of 18 January
2006 — Regione Marche v Commission

(Case T-92/02) (1)

(Case T-107/03) (1)

(State aid — tax exemption 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)

(Integrated Mediterranean Programme (IMP) for the Marche
Region (Italy) — Conclusion of financial assistance — Ineli-
gible expenditure — Action for annulment — Absence of
legal basis — Legitimate expectation — Failure to state
grounds )

(2006/C 74/29)

Language of the case: German

(2006/C 74/30)

Language of the case: Italian

Parties

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)

Applicant: Regione Marche (represented by: A. Pappalardo, M.
Merola and D. Domenicucci, lawyers)

Defendants: Commission of the European Communities (repre-
sented by: V. Kreuschitz, Agent)

Defendant: Commission of the European Communities (repre-
sented by: E. de March and L. Flynn, Agents, and A. Dal Ferro,
lawyer)

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

Application for

Annulment of Commission Decision C (2001) 3967 final of 11
December 2001

Annulment of the Commission decision of 18 December 2002
contained in a letter to the Italian Government by which the
Commission announced that it was concluding Community
financial assistance granted under the Integrated Mediterranean
Programme (IMP) for the Marche Region (Italy)

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders the applicants, in addition to bearing their own costs, to
pay those incurred by the Commission and by the interveners.

2. Orders the applicant, in addition to bearing its own costs, to pay

those incurred by the Commission.

(1) OJ C 144 of 15.6.2002.

(1) OJ C 124, 24.5.2003.