Case T-357/02: Judgment of the Court of First Instance of 3 May 2007 — Freistaat Sachsen v Commission (State aid — Aid granted by the authorities of the Free State of Saxony — Aid scheme for small and medium-sized enterprises — Accelerated clearance procedure — Application ratione temporis of the Community guidelines and of the exempting regulation concerning aid to small and medium-sized enterprises — Aid scheme notified before the entry into force of the exempting regulation — Legitimate expectations — Legal certainty — Complete notification)
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, motor vehicle industry

23.6.2007

EN

Official Journal of the European Union

C 140/19

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 3 May 2007 —
Freistaat Sachsen v Commission

Judgment of the Court of First Instance (Fifth Chamber) of
3 May 2007 — Kingdom of Spain v Commission of the
European Communities

(Case T-357/02) (1)

(State aid — Aid granted by the authorities of the Free State
of Saxony — Aid scheme for small and medium-sized enter-
prises — Accelerated clearance procedure — Application
ratione temporis of the Community guidelines and of the
exempting regulation concerning aid to small and medium-
sized enterprises — Aid scheme notified before the entry into
force of the exempting regulation — Legitimate expectations
— Legal certainty — Complete notification)

(Case T-219/04) (1)

(Fisheries — Adjustment of the capacity of Member States'
fishing fleets — Entry/exit scheme — Committee for fisheries
and aquaculture — Rules on the use of languages)

(2007/C 140/30)

Language of the case: Spanish

(2007/C 140/29)

Parties

Language of the case: German

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
acting as Agent)

Defendant: Commission of the European Communities (repre-
sented by: T. van Rijn and S. Pardo Quintillán, Agents)

Parties

Applicant: Freistaat Sachsen (Germany)
Lübbig, lawyer)

(represented by: T.

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and J. Flett, Agents)

Re:

Application for annulment of Commission Regulation (EC)
No. 1439/2003 of 12 August 2003 laying down implementing
rules on the Community Fleet Policy as defined in Chapter III of
Council Regulation No. 2371/2002

Re:

Action for annulment of the second paragraph of Article 2 and
of Articles 3 and 4 of Commission Decision 2003/226/EC of
24 September 2002 on an aid scheme which the Federal
Republic of Germany is planning to implement — ‘Guidelines
on assistance for SMEs — Improving business efficiency in
Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs),
5 (Cooperation) and 7 (Design promotion) (OJ 2003 L 91, p.
13),

Operative part of the judgment

The Court:

1. Annuls the second paragraph of Article 2 and Articles 3 and 4 of
Commission Decision 2003/226/EC of 24 September 2002 on
an aid scheme which the Federal Republic of Germany is planning
to implement — ‘Guidelines on assistance for SMEs — Improving
business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4
(Participation in fairs), 5 (Cooperation) and 7 (Design promotion);

2. Orders the Commission of the European Communities to pay the

costs.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 10.01.2004, (formerly Case C‑464/03)

Judgment of the Court of First Instance of 10 May 2007 —
Negenman v Commission

(Case T-255/04) (1)

(Civil service — Officials — Maternity leave — Sickness
leave — Probable date of confinement — Date of beginning
of maternity leave)

(2007/C 140/31)

Language of the case: French

(1) OJ C 31, 8.2.2003.

Parties

Applicant: Monique Negenman (Roosendaal, The Netherlands)
(represented by: L. Vogel, lawyer)