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Judgment of the General Court (Sixth Chamber) of 13 September 2010. # Paul Mohr & Sohn, Baggerei und Schiffahrt v European Commission. # Inland waterway transport - Community-fleet capacity - Conditions for putting new vessels into service ('old for new' rule) - Commission decision not to grant the specialised vessels exemption - Article 4(6) of Regulation (EC) No 718/1999. # Case T-131/07.

ECLI:EU:T:2010:391

62007TJ0131

September 13, 2010
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(Case T-131/07)

Inland waterway transport – Community-fleet capacity – Conditions for putting new vessels into service (‘old for new’ rule) – Commission decision not to grant the specialised vessels exemption – Article 4(6) of Regulation (EC) No 718/1999

Transport – Inland waterway transport – Structural improvement (Council Regulation No 718/1999, Art. 4(6)) (see paras 31-32, 36-37, 39-40)

Re:

APPLICATION for annulment of Commission Decision SG (2007) D/200972 of 28 February 2007 not to grant to the vessel ‘Niclas’ the specialised vessels exemption, pursuant to Article 4(6) of Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport (OJ 1999 L 90, p. 1).

Operative part

The Court:

1.Dismisses the action;

2.Orders Paul Mohr & Sohn, Baggerei und Schiffahrt to bear its own costs and pay those incurred by the European Commission.

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