Case T-496/04: Judgment of the Court of First Instance of 16 September 2008 — Nortrail Transport v Commission (Customs Union — External Community transit operation — Fishery products originating in Norway — Application for remission and repayment of import duties — Fairness clause — Regulations (EEC) No 2913/92 and No 2454/93 — Special situation — Retroactive opening of tariff quotas)
Date: 2008-09-16
Institutions: Court of First Instance
Subjects: European Commission, Norway, customs drawback, customs duties, fishery product, free circulation, import, remission of export duties, tariff quota, transport company

8.11.2008

EN

Official Journal of the European Union

C 285/33

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 24 September
2008 — Kahla/Thüringen Porzellan v Commission

Judgment of the Court of First Instance of 16 September
2008 — Nortrail Transport v Commission

(Case T-20/03) (1)

(Case T-496/04) (1)

(State aid — Existing aid or new aid — Firm in difficulty —
Principle of legal certainty — Principle of the protection of
test —
legitimate

expectations — Private

investor

Compatibility with the common market — Conditions)

(2008/C 285/58)

Language of the case: German

Parties

Applicant: Kahla/Thüringen Porzellan GmbH (Kahla, Germany)
(represented by: M. Schütte and S. Zühlke, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and V. Di Bucci, Agents, assisted by
C. Koenig, professor)

of

the

applicant:

in support
(represented by:

Freistaat Thüringen
Interveners
(Germany)
initially by A. Weitbrecht and
A. van Ysendyck, and subsequently by A. Weitbrecht and
M. Núñez-Müller,
lawyers); and Federal Republic of Germany
(represented by: W.D. Plessing and M. Lumma, Agents)

Re:

annulment

APPLICATION for
of Commission Decision
2003/643/EC of 13 May 2003 on the State aid implemented by
Germany for Kahla Porzellan GmbH and Kahla/Thüringen
Porzellan GmbH (OJ 2003 L 227, p. 12), in so far as that deci-
financial assistance granted to Kahla/
sion concerns
Thüringen Porzellan GmbH.

the

(Customs Union — External Community transit operation —
Fishery products originating in Norway — Application for
remission and repayment of import duties — Fairness clause
— Regulations (EEC) No 2913/92 and No 2454/93 —
Special situation — Retroactive opening of tariff quotas)

(2008/C 285/59)

Language of the case: German

Parties

Applicant: Nortrail Transport GmbH (Kiel, Germany)
sented by: J. Krause, lawyer)

(repre-

Defendant: Commission of the European Communities (repre-
sented initially by B. Schima and J. Hottiaux, then by B. Schima
and M. Patakia, Agents)

Re:

Application for annulment of Commission Decision REM 15/02
of 1 October 2004, finding that the repayment of import duties
to the applicant, which are the subject of the application made
by the Federal Republic of Germany, is not justified.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kahla/Thüringen Porzellan GmbH to bear its own costs
and to pay a third of the costs incurred by the Commission, and
the Commission to bear two thirds of its own costs;

3. Orders

the Land of Thuringia and the Federal Republic of

Germany to bear theirown costs.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nortrail Transport GmbH to bear its own expenses and to

pay the expenses incurred by the Commission.

(1) OJ C 70, 22.3.2003.

(1) OJ C 93, 16.4.2005.