do-me/EUR-LEX huggingface dataset:
Case T-347/09: Judgment of the General Court of 12 September 2013 — Germany v Commission (State aid — Transfer free of charge of certain areas of natural national heritage — Measures for the financial support of large-scale environmental protection projects — Decision declaring aid compatible with the common market — Concept of undertaking — Obligation to state reasons)
Date: 2013-09-12
Institutions: General Court
Subjects: Germany, State aid, common market, environmental protection, transfer of property, type of business








C_2013313EN.01002001.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/20





Judgment of the General Court of 12 September 2013 — Germany v Commission
(Case T-347/09) (1)

(State aid - Transfer free of charge of certain areas of natural national heritage - Measures for the financial support of large-scale environmental protection projects - Decision declaring aid compatible with the common market - Concept of undertaking - Obligation to state reasons)
2013/C 313/36
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented: initially by M. Lumma and B. Klein, then A. Wiedmann and T. Henze, acting as Agents)

Defendant: European Commission (represented: initially by K. Gross, then F. Erlbacher, A. Stobiecka-Kuik and P. Loewenthal, acting as Agents)

Interveners in support of the applicant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents); Kingdom of the Netherlands (represented: initally by C. Wissels, Y. de Vries and M. de Ree, then C. Wissels, M. de Ree, J. Langer and M. Noort, acting as Agents); and Republic of Finland (represented by: J. Heliskoski, acting as Agent)

Re:

Application for the annulment of Commission Decision C(2009) 5080 final of 2 July 2009 relating to State aid NN 8/2009 granted by the Federal Republic of Germany and concerning the State aid scheme consisting of the transfer, free of charge, of certain areas of natural national heritage, and of measures for the financial support of large-scale environmental protection projects (OJ 2009 C 230, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to bear its own costs and to pay those of the European Commission;










3.


Orders the French Republic, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs.






(1)  OJ C 267, 7.11.2009.
Case T-331/11: Judgment of the General Court of 12 September 2013 — Besselink v Council (Access to documents — Regulation (EC) No 1049/2001 — Draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Exception relating to the protection of the public interest as regards international relations — Partial access — Obligation to state reasons — Application for measures of organisation of procedure or inquiry — Inadmissible)
Date: 2013-09-12
Institutions: General Court
Subjects: access to EU information, accession negotiations, accession to an agreement, human rights, international relations








C_2013313EN.01002202.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/22





Judgment of the General Court of 12 September 2013 — Besselink v Council
(Case T-331/11) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Exception relating to the protection of the public interest as regards international relations - Partial access - Obligation to state reasons - Application for measures of organisation of procedure or inquiry - Inadmissible)
2013/C 313/42
Language of the case: English

Parties


Applicant: Leonard Besselink (Utrecht, Netherlands) (represented by: O. Brouwer, J. Blockx and E. Raedts, lawyers)

Defendant: Council of the European Union (represented: initially by C. Fekete, P. Plaza García and J. Herrmann, and subsequently by P. Plaza García, J. Herrmann and B. Driessen, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: E. Paasivirta and P. Costa de Oliveira, acting as Agents)

Re:

Application for annulment of the Council Decision of 1 April 2011 refusing access in full to document 9689/10, containing a draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950

Operative part of the judgment

The Court:






1.


Annuls the Council Decision of 1 April 2011 refusing full access to document 9689/10 in that it refuses access to Negotiating Directive No 5 and to the undisclosed parts of the requested document, which set out the principles laid down in the EU Treaty that should govern negotiations for the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, or which only set out the questions to be addressed in the negotiations;










2.


Dismisses the action as to the remainder;










3.


Orders the parties to bear their own costs.






(1)  OJ C 238, 13.8.2011.