Case T-233/04: Judgment of the Court of First Instance of 10 April 2008 — Netherlands v Commission (State aid — Directive 2001/81/EC — National measure establishing an emission trading scheme for nitrogen oxides — Decision finding the aid compatible with the common market — Admissibility — Advantage — Measure lacking selective character)
Date: 2008-04-10
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), atmospheric pollutant, industrial enterprise, tradeable emission permit

C 128/30

EN

Official Journal of the European Union

24.5.2008

Re:

Operative part of the judgment

Action brought against the decision of the Second Chamber of
the Board of Appeal of OHIM of 18 September 2003 (Case
R 191/2002-2) relating to opposition proceedings between
Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika
Colour & Chemicals Mfg. Co. Ltd.

The Court:

1. Annuls Commission Decision C(2003) 1761 final of 24 June
2003 relating to State aid N 35/2003 concerning the emission
trading scheme for nitrogen oxides notified by the Kingdom of the
Netherlands.

Operative part of the judgment

2. Orders the Commission to pay the costs.

The Court:

1. Dismisses the action.

2. Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the

costs.

(1) OJ C 21, 21.1.2004.

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 275, 15.11.2003 (formerly case C-388/03).

Judgment of the Court of First Instance (Fourth Chamber)
of 17 April 2008 — Cestas v Commission

(Case T-260/04) (1)

Judgment of the Court of First Instance of 10 April 2008
— Netherlands v Commission

(Action for annulment — European Development Fund —
Repayment of amounts paid — Debit note — Act not amen-
able to review — Preparatory act — Inadmissibility)

(Case T-233/04) (1)

(State aid — Directive 2001/81/EC — National measure
establishing an emission trading scheme for nitrogen oxides
— Decision finding the aid compatible with the common
market — Admissibility — Advantage — Measure lacking
selective character)

Parties

(2008/C 128/65)

Language of the case: Italian

(2008/C 128/64)

Language of the case: Dutch

Parties

Applicant: Centro di educazione sanitaria e tecnologie appro-
priate sanitarie (Cestas) (Bologna (Italy) (represented initially by:
N. Amadei and C. Turk, and subsequently by N. Amadei and P.
Manzini, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: E. Montaguti and F. Dintilhac, Agents)

Applicant: Kingdom of
Sevenster, J. van Bakel and M. de Grave, Agents)

the Netherlands (represented by: H.

Re:

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet, and V. Di Bucci, Agents)

in support of

Intervener
the Applicant: Federal Republic of
Germany (represented by W.-D. Plessing and M. Lumma,
Agents)

Re:

for

annulment

Commission Decision
Application
C(2003) 1761 final of 24 June 2003, relating to State aid
N 35/2003 concerning the emission trading scheme for
nitrogen oxides notified by the Kingdom of the Netherlands.

of

Annulment of the decision of 21 April 2004 of the Commis-
sion (Delegation in the Republic of Guinea), sent to the appli-
to pay the amount of
cant by registered letter, ordering it
GNF 959 543 (EUR 397 126,02).

Operative part of the judgment

The Court:

1. Dismisses the action as being inadmissible.

2. Orders the Centro di educazione sanitaria e tecnologie appropriate
sanitarie (Cestas) to bear three fifths of its own costs and also to
pay three fifths of the costs incurred by the Commission.