CELEX: C2003/031/01
Language: en
Date: 2003-02-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-209/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Measure implemented by the Federal Republic of Germany for the bank Westdeutsche Landesbank Girozentrale (WestLB) — Merger of the Wohnungsbauförderungsanstalt des Landes Nordrhein-Westfalen (WfA) with WestLB — Resulting increase in own funds of WestLB — Remuneration of the Land as sole shareholder in WfA — Commission Decision 2000/392/EC — Obligation to recover the illegal State aid — Failure to implement)

8.2.2003                EN                           Official Journal of the European Union                                                C 31/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       acting for the President of the Sixth Chamber, C. Gulmann and
                                                                             V. Skouris, F. Macken (Rapporteur) and J.N. Cunha Rodrigues,
                         (Sixth Chamber)                                     Judges; A. Tizzano, Advocate General; H.A. Rühl, Principal
                                                                             Administrator, for the Registrar, has given a judgment on
                      of 12 December 2002                                    12 December 2002, in which it has ruled:
                                                                             1.    Declares that, by not complying with Commission Decision
in Case C-209/00: Commission of the European Communi-
                                                                                   2000/392/EC of 8 July 1999 on a measure implemented by
            ties v Federal Republic of Germany (1)
                                                                                   the Federal Republic of Germany for Westdeutsche Landesbank
                                                                                   — Girozentrale (WestLB), the Federal Republic of Germany
(Failure by a Member State to fulfil its obligations —                             has failed to fulfil its obligations under Article 249 EC and
Measure implemented by the Federal Republic of Germany                             Article 3 of that decision;
for the bank Westdeutsche Landesbank Girozentrale
(WestLB) — Merger of the Wohnungsbauförderungsanstalt                        2.    Orders the Federal Republic of Germany to pay the costs.
des Landes Nordrhein-Westfalen (WfA) with WestLB —
Resulting increase in own funds of WestLB — Remuneration
                                                                             (1 ) OJ C 211 of 22.7.2000.
of the Land as sole shareholder in WfA — Commission
Decision 2000/392/EC — Obligation to recover the illegal
               State aid — Failure to implement)
                          (2003/C 31/01)
                                                                                              JUDGMENT OF THE COURT
                   (Language of the case: German)
                                                                                                    of 10 December 2002
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            in Case C-312/00 P: Commission of the European Com-
                                                                                           munities v Camar Srl and Others (1)
In Case C-209/00, Commission of the European Communities                     (Appeal — Common organisation of the markets — Bananas
(Agents: F. Santaolalla and K.-D. Borchardt) v Federal Republic              — Request for additional import licences — Adjustment of
of Germany (Agent: W.-D. Plessing, assisted by H.-F. Wissel):                tariff quota where necessary — Non-contractual liability of
Application for a declaration that, by not adopting within the                the Community — Action for annulment — Admissibility)
prescribed time-limit the measures necessary to withdraw and
recover the State aid granted to the Westdeutsche Landesbank                                            (2003/C 31/02)
Girozentrale between 1992 and 1998 which was declared
incompatible with the common market by Commission                                                 (Language of the case: Italian)
Decision 2000/392/EC of 8 July 1999 on a measure
implemented by the Federal Republic of Germany for                           (Provisional translation; the definitive translation will be published
Westdeutsche Landesbank — Girozentrale (WestLB) (OJ 2000                                         in the European Court Reports)
L 150, p. 1), the Federal Republic of Germany has failed to
fulfil its obligations under Article 249 EC in conjunction
with Article 3 of that decision, the Court (Sixth Chamber),                  In Case C-312/00 P: Commission of the European Communi-
composed of: R. Schintgen, President of the Second Chamber,                  ties (Agents: C. van der Hauwaert and L. Visaggio, assisted by