CELEX: 62005TA0319
Language: en
Date: 2010-09-09 00:00:00
Title: Case T-319/05: Judgment of the General Court of 9 September 2010 — Switzerland v Commission (External relations — Agreement between the European Community and the Swiss Confederation on Air Transport — German measures relating to the approaches to Zurich airport — Regulation (EEC) No 2408/92 — Rights of the defence — Principle of non-discrimination — Principle of proportionality)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/29
            
         
      Judgment of the General Court of 9 September 2010 — Switzerland v Commission
      (Case T-319/05) (1)
      
      (External relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality)
      (2010/C 288/55)
      Language of the case: German
      
         Parties
      
      
         Applicant: Swiss Confederation (represented by: S. Hirsbrunner, U. Soltész and P. Melcher, lawyers)
      
         Defendant: European Commission (represented by: F. Benyon, M. Huttunen and M. Niejahr, acting as Agents)
      
         Interveners in support of the defendant: Federal Republic of Germany (represented by: C.-D. Quassowski and A. Tiemann, acting as Agents, assisted by T. Masing, lawyer); and Landkreis Waldshut (represented by M. Núñez-Müller, lawyer)
      
         Re:
      
      ACTION for annulment of Commission Decision 2004/12/EC of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 (Case TREN/AMA/11/03 — German measures relating to the approaches to Zurich airport) (OJ 2004 L 4, p. 13)
      
         Operative part of the judgment
      
      The General Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders the Swiss Confederation to bear its own costs and to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own respective costs.
               
            
         (1)  OJ C 94, 17.4.2004 (previously Case C-70/04).