Joined Cases C-75/05 P and C-80/05 P: Judgment of the Court (First Chamber) of 11 September 2008 — Federal Republic of Germany (C-75/05 P), Glunz AG, OSB Deutschland GmbH (C-80/05 P) v Kronofrance SA, Commission of the European Communities (Appeals — State aid — Commission decision not to raise objections — Action for annulment — Admissibility — Interested parties — Regional aid for large investment projects — Multisectoral framework of 1998)
Date: 2008-09-11
Institutions: Court of Justice
Subjects: General Court (EU), Germany, State aid, action for annulment (EU), competition law

C 285/2

EN

Official Journal of the European Union

8.11.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 11 September
2008 — Federal Republic of Germany (C-75/05 P), Glunz
AG, OSB Deutschland GmbH (C-80/05 P) v Kronofrance
SA, Commission of the European Communities

4. Orders the Commission of the European Communities to bear its

own costs.

(Joined Cases C-75/05 P and C-80/05 P) (1)

(1) OJ C 106, 30.4.2005.

(Appeals — State aid — Commission decision not to raise
objections — Action for annulment — Admissibility — Inter-
ested parties — Regional aid for large investment projects —
Multisectoral framework of 1998)

(2008/C 285/02)

Language of the case: German

Parties

Appellants: Federal Republic of Germany (represented by: W.-D.
Plessing, C. Schulze-Bahr, acting as Agents, M. Núñez-Müller,
Rechtsanwalt) (C-75/05 P), Glunz AG, OSB Deutschland GmbH
(represented by: H.-J. Niemeyer, Rechtsanwalt)

Other parties to the proceedings: Kronofrance SA (represented by:
R. Nierer and L. Gordalla, Rechtsanwälte), Commission of the
European Communities (represented by: V. Kreuschitz, acting as
Agent)

Re:

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber, Extended Composition) of 1 December 2004
in Case T-27/02 (Kronofrance SA v Commission, supported by
Glunz AG and OSB Deutschland GmbH), by which the Court
annulled the Commission's Decision SG (2001) D of 25 July
2001 not to object to the aid granted by the German authorities
to Glunz AG — Infringement of
the fourth paragraph of
Article 230 EC — Infringement of Article 87(3) EC — Infringe-
ment of Article 64 of the Rules of Procedure of the Court of
First Instance

Operative part of the judgment

The Court:

1. Dismisses the appeals;

Judgment of the Court (Grand Chamber) of 3 September
2008 — Yassin Abdullah Kadi, Al Barakaat International
Foundation v Council of the European Union, Commission
of the European Communities, United Kingdom of Great
Britain and Northern Ireland

(Joined Cases C-402/05 P and C-415/05 P) (1)

(Common foreign and security policy (CFSP) — Restrictive
measures directed against persons and entities associated with
Usama bin Laden, the Al-Qaeda network and the Taliban —
United Nations — Security Council — Resolutions adopted
under Chapter VII of the United Nations Charter — Imple-
mentation within the Community — Common Position
2001/154/CFSP — Regulation (EC) No 881/2002 —
Measures directed at persons and entities included in a
list drawn up by a body of the United Nations — Freezing of
funds
the
Security Council established by paragraph 6 of Resolution
1267 (1999) of the Security Council (Sanctions Committee)
— Inclusion of those persons and entities in Annex I to Regu-
lation (EC) No 881/2002 — Actions for annulment —
Competence of
legal basis of
the Community — Joint
Articles 60 EC, 301 EC and 308 EC — Fundamental rights
— Right to respect for property, right to be heard and right to
effective judicial review)

resources — Committee

economic

and

of

(2008/C 285/03)

Languages of the case: English and Swedish

Parties

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

Case C-75/05 P;

3. Orders Glunz AG and OSB Deutschland GmbH to pay the costs

relating to Case C 80/05 P;

Appellants: Yassin Abdullah Kadi (represented by: I. Brownlie, D.
Anderson QC, P. Saini, Barrister, and G. Martin, Solicitor), Al
Barakaat International Foundation (represented by: L. Silbersky
and T. Olsson, advokater)